The ‘Neminem Laedere’ Principle and the Protection of an Individual’s Personality Rights
Polish and foreign case-law as well as legal doctrine sometimes present the opinion that in the law of torts a universally binding duty exists not to cause harm to others (the neminem laedere principle). Its breach is supposed to determine the wrongfulness of the tortfeasor’s behaviour. The purpose of the article is to analyse whether this principle may be applicable to the protection of personality rights. Due to different ways of understanding in jurisprudence what this principle consists of, the potential application of two concepts was considered. Firstly, if in the legal system there is a general norm of behaviour prohibiting the infringement of another individual’s personality rights. Secondly, if there is a general norm of behaviour not to cause others non-pecuniary damage (including immaterial harm – pain and suffering). The neminem laedere principle is not a general principle of Polish law and is also not applicable to the protection of personality rights. This principle can be regarded only as a moral imperative and a postulate for the harmonious coexistence of individuals in society rather than a legal duty.
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