Zgoda dzierżyciela dobra na nietypowe zachowania seksualne
Consent of the owner of legal interest to unusual sexual behavior

Summary/Abstract: In this article, the author discusses the legality of unusual sexual behavior (such as sadomasochism and asphyxiophilia) undertaken with the partner’s consent. According to the author, consent does not constitute an independent premise of the so-called primary legality of an act but in every case it is part of the rules concerning the proper way of dealing with the legal interest. This is because only some legal interests can be freely used by man. The author puts forward the thesis that unusual sexual behavior, which may even lead to moderate damage to health or to the exposition of the other participant to the danger of losing his or her life, is legal because this type of interaction with legal interests is socially acceptable. If the society accepts extreme sports and martial arts that affect the life and health of participants in a similar way to unusual sexual behavior then this acceptance must also apply to the latter.

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