https://doi.org/10.21697/zp.2021.21.3.14
In its resolution of 22 October 2019 (ref. no. I NSNZP 2/19), the Polish Supreme Court refused to recognise “family ties” as personal interest within the meaning of Article 23 of the Polish Civil Code and adjudged that the relatives of an injured person whose health was seriously and permanently impaired as a result of a wrongful act, are not entitled to claim compensation under Article 448 of the Polish Civil Code. In my opinion, the outright refusal to allow the relatives of an injured person whose health was seriously and permanently impaired as a result of a wrongful act to claim compensation seems to be too far-reaching on the grounds of existing legislation. It is systemically inconsistent and undermines claimants’ sense of legal security. This resolution underscores the need for a regulation independent of the concept of personal interest to serve as the legal grounds for compensation claims by relatives of an injured person whose health was seriously and permanently impaired as a result of a wrongful act leading to a breakdown of family ties as far-reaching as those that occur in the event of the victim’s death.
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