Naruszenie dóbr osobistych właściciela wskutek prowadzania polowań na nieruchomości objętej obwodem łowieckim
Infringement of personal rights of the owner as a result of hunting on the real property included into a hunting district

Summary/Abstract: The aim of the article is to search for an answer to the question whether the concept of personal rights provided by Polish law as well as its interpretation based on legal doctrine and judicature allow for separation of the category of personal rights applying to the owner of the real property who is against hunting and whose property is included into a hunting district. The starting point for the considerations covered by the study is the observation that there are actual situations in which the violation of ownership rights over the real property resulting from creating hunting districts and its subsequent consequences interfere with the internal beliefs of the owner who is against killing animals and, in particular, against participating in this act even in an indirect way such as legal compulsion to share the property for this purpose. Due to conducted research that included the judicial decisions of the European Court of Human Rights relating to art. 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the author comes to the conclusion according to which the right to respect for religious beliefs as well as moral and philosophical rules equips the owner of the property within a hunting district with the right to demand a hunting ban on their property and under certain conditions also to demand compensation.

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