Unborn child as a close family member Cover Image

Dziecko poczęte jako najbliższy członek rodziny
Unborn child as a close family member

Author(s): Joanna Haberko
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: concept child; family; prenatal injury

Summary/Abstract: The text refers to the issue of the legal relationship between the family members especially: the concept child and his parents. The author analyzes the acceptability of the use of family structures involving parental authority in the relation to the child conceived. The subject of discussion is the question of whether one can treat a child conceived as a close family member both in terms of claiming compensation for his death before birth and with no relation to prenatal injury. It is analyzed the judgment of the Supreme Court, in the light of the provision of art. 446 § 4 of the Civil Code which allows to recognize of the unborn child as a family member and justify demanding compensation from the perpetrator of the damage to the family members.

  • Issue Year: 2014
  • Issue No: 06 (2)
  • Page Range: 243-261
  • Page Count: 20
  • Language: Polish