Prawo do życia w czystym środowisku a dobra osobiste
The right to live in a clean environment in the context of personal interests

Commentary on Resolution of the Supreme Court – Civil Chamber of 28 May 2021, III CZP 27/20

Author(s): Jan Jastrzębski
Subject(s): Energy and Environmental Studies, Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: civil law; personal interest; right to a clean air; right to a clean environment; natural environment; smog; environmental protection
Summary/Abstract: The question of whether the right to live in a clean environment can be considered a personal interest has been the subject of discussion for a number of years. In the glossed resolution of 28 May 2021, III CZP 27/20, the Supreme Court answered in the negative. This paper aims to provide a broader analysis of this ruling and to present further arguments in support of the view that the right to live in a clean environment does not meet the requirements set for the construction of personal interest. Among other things, it focuses on the history and possible origin of the dispute over the character of the right to live a clean environment, the issue of 'discovering' new personal interests, and the dangers associated with recognizing the discussed right as a personal interest.

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