Urynkowienie relacji uczuciowych i fizycznych jako wyzwanie dla prawa prywatnego
Marketization of emotional and physical relationships as a challenge for private law

Summary/Abstract: The traditional approach of private law, which considers contracts having as their object paid emotional and physical relations, to be against the principles of social intercourse, may change in the future due to several factors. One is the pressure of tax law and the changing practice of tax authorities in their approach to those types of sex work that do not have the characteristics of traditional prostitution. Another factor is the growth of the digital economy, including the development of activities involving the provision of services over the Internet that are linked to various degrees to the issue of sexuality. Another is the wide variety of various types of emotional and physical relationships, in which it is difficult to draw a clear line between cohabitation and a relationship based solely on the paid maintenance of a long-term physical relationship. Still, another is the issue of sexual assistantship for people with disabilities, which has been analysed for some time, which ties the analysed issue to a different health and ethical context that has not yet been considered. The purpose of the article is to introduce these factors and the broader context of the phenomena under discussion, going beyond the discussion of the model of state response to the phenomenon of prostitution. The main thesis of the article is the recognition of the multifaceted nature of these factors affecting the change in the interpretation of the law, with the text of the legislation unchanged. The article concludes by pointing out that in the long term, it is not possible to maintain a different view of the analysed issue in public law and private law.

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