Zadośćuczynienie za krzywdę spowodowaną śmiercią najbliższego członka rodziny – glosa do wyroku Sądu Apelacyjnego w Katowicach z dnia 4 października 2018 roku, V ACa 697/17
A Gloss on Judgement the Court of Appeal in Katowice, of 4 October 2018, I Aca 697/17

Summary/Abstract: The purpose of the gloss was to analyze the premises for compensation for the harm suffered because of the death of a relative based on art. 446 § 4 of the Polish Civil Code, and in particular the term “the closest family member”. Critical remarks concerned the issue of the lack of resolution in the voted judgment of the issue of directly contributing to the claimant’s rise or damage. The research methods used in the text were based mainly on the dogmatic analysis of the Civil Code, including rich literature and judicial decisions. The author has approved the Court’s argumentation regarding the understanding of the above notion, for which family connections are decisive. The source of these connections is the relationship of closeness, which is not always based on formal and legal links. The applied research methods were based mainly on the dogmatic analysis of the Civil Code, as well as on the use of civil law literature and rich court jurisprudence.

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