W sprawie wykładni art. 4462 k.c.
On the interpretation of art 4462 of the Civil Code

Summary/Abstract: The purpose of this article is to analyse the content and meaning of the provision of Article 4462 of the Civil Code, which introduced into Polish law a claim for compensation of non-pecuniary loss to which a next-of-kin is entitled in the case of causing grievous and permanent bodily injury or health disorder to a directly injured person, which results in the inability to establish or continue a family rela- tionship. The functions of the new claim for compensation of non-pecuniary loss and its genesis have been explained. A delimitation of the circle of legitimate persons has been proposed, and interpretation guidelines have been formulated in relation to the individual prerequisites of the claim, including, inter alia, a focus on the new prerequisite of “inability to establish or continue a family relationship”. Criteria for the determination of reparation were also proposed. It was emphasised that Article 4462 of the Civil Code is exceptional in nature, as it enunciates a norm extending pecuniary protection to the legal sphere of indirectly injured persons.

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