Family Relationship – Analysis of the Interest’s Nature and Remarks on Acceptability as Well as Appropriate Ways to Compensate the Non-pecuniary Loss Incurred by the Infringement of this Interest
The article discusses the concept of a family relationship being a personal interest within the meaning of Article 23 of the Civil Code, created in the case law of the Supreme Court. It entitles the close relatives of a direct victim to claim compensation damages on the grounds of Article 448 of the Civil Code. The concept is regarded as controversial. Its opponents especially point out that a family relationship cannot be qualified as a personal interest, because of its interpersonal character. The author of the article brings to light the developmental nature of the concept, presents other probable directions of its evolution and anticipates its influence on the legal system.
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