Glosa krytyczna do wyroku Sądu Apelacyjnego w Białymstoku z 13 stycznia 2021 r., I ACa 289/20
Gloss (critical) to the judgment of the Court of Appeal in Białystok of January 13, 2021. (Case file no. I ACa 289/20)

Summary/Abstract: Thesis of the judgment: The relationship that may arise between a human and an animal does not constitute a personal interest as defined in Article 23 of the [Polish] Civil Code and, consequently, the violation of human welfare due to death of an animal is not subject to protection under Article 23 et seq. of the Civil Code, even if death of an animal is the result of an unlawful act of another entity. The decision of the Court of Appeal deserves criticism. The bond with an animal deserves protection as a personal interest, because the catalog of legally protected personal interests remains open, while the bond with an animal is an intangible, natural emanation of human personality and it has been recognized as a value by the society as a whole. Therefore it deserves protection under Articles 23–24 of the Civil Code.

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