Glosa do uchwały Składu Siedmiu Sędziów Sądu Najwyższego – Izba Kontroli Nadzwyczajnej i Spraw Publicznych z dnia 22 października 2019 roku, sygn. I NSNZP 2/19
Commentary of the Composition of Five Judges of the Supreme Court, Chamber of Extraordinary Supervision and Public Cases, 22nd October 2019, I NSNZP 2/19

Summary/Abstract: The hereby commentary is an attempt of analysis of limitations of liability in connection with judgment of Supreme Court of 22.10.2019 (I NSNZP 2/19). It should also be noted that it is problematic to delimit circle of people, who in principle could be entitled to compensation. Consequently, it may be difficult to appoint liability, when victim – after accident – is alive, but he/she has serious damage on his/her health. The Supreme Court assumed that closest family members aren’t entitled to claim damages for mental harm in case of infringement of family ties due to a direct injury to the victim. In opinion of the Supreme Court, a family relationship cannot be qualified as a personal interest because of its interpersonal nature. The Polish Civil Code contains exemplary catalogue (article 23rd) and means of protection (article 24th) but it doesn’t mean that subjective family bonds will be protect. Finally, dis- satisfaction with family life doesn’t justify granting damages for non-pecuniary loss. What is more, judg- ment of Supreme Court of 22.10.2019 is incompatible with judgment of Supreme Court of 27.03.2018.

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