Prawo do czystego środowiska a dobra osobiste – analiza na tle polskiego orzecznictwa i doktryny prawa cywilnego
The right to a clean environment as a personal interest – analysis in the light of Polish jurisprudence and the civil law doctrine

Author(s): Piotr Łaźnia, Norbert Sitko
Subject(s): Energy and Environmental Studies, Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: human rights; right to a clean environment; civil law; civil court jurisprudence; administrative court jurisprudence
Summary/Abstract: The paper discusses the right to a clean environment in the context of recognising this right as a personal interest within the meaning of Polish civil law. In the first chapter, it describes the concept of personal interests in civil law doctrine and jurisprudence, and highlights the role of personal interests in Polish civil law. The second chapter presents the basis for recognising the right to a clean environment as a personal interest. As a result of the open catalogue of personal interests and the changing social awareness of climate changes, there are various opinions on recognising the right to a clean environment as the personal interest. The third chapter analyses the case law of Polish courts in the context of recognising the right to a clean environment as the personal interest. The final chapter presents a number of judgments of administrative courts that have granted the right to a clean environment to individuals. Public law is, for obvious reasons, different from the civil law doctrine, but nevertheless it can be the basis for a change in the perception of the right to a clean environment in the civil law doctrine.

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