Artykuł 446 Kodeksu cywilnego – nowy rozdział dyskusji o kwalifikacji więzi rodzinnej jako dobra osobistego
Article 446 of the Civil Code – a new chapter in the discussion on the recognition of family ties as a personal good

Author(s): Mateusz Cieśla
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: personal goods; family bond; family; compensation; Civil Code
Summary/Abstract: This article concerns the June 24, 2021 amendment to the Civil Code, which added a new Article 446. The redaction of this provision indicates that its addition combined two key issues: the indemnification of harm in the event of death or grievous bodily harm to closest family members, and the recognition of family ties as a personal good. While the former has been de lege resolved by the legislature, the latter raises questions. The purpose of this article is to try to answer the question of whether, by introducing Article 446 of the Civil Code, the legislator has prejudged the existence of such a personal good as family ties, and it is with their violation that he binds the obligation of compensation. The article shows the evolutionary development of the concept of family ties as a personal good, and presents a linguistic, functional and systemic interpretation of the commented provision.

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