Punitive damages in the inter-war period with special emphasis on Austrian legislation Cover Image

Zadośćuczynienie za krzywdy moralne w okresie międzywojennym ze szczególnym uwzględnieniem ustawodawstwa austriackiego
Punitive damages in the inter-war period with special emphasis on Austrian legislation

Author(s): Paweł Dutka
Subject(s): Civil Law, Ethics / Practical Philosophy, Recent History (1900 till today)
Published by: Oficyna Wydawnicza KA AFM
Keywords: pecuniary compensation; non-pecuniary compensation; damage for moral suffering; compensation for the injured sustained; protection of moral rights; the insult to dignity; offence to honor;

Summary/Abstract: At the beginning of the 20th century legal doctrines concerning seeking redress for wrong on the grounds of civil law used to change substantially on Polish territories, mainly due to the development of the so-called theory: moral rights (personal rights). The supporters of the doctrine suggested applying the pecuniary compensation for the damage incurred, especially the possibility to award a proper amount of money for moral injuries. Civil court practice had been impossible by then unless moral injury had concerned physical suffering or strictly material damage. When the code of obligations had become applicable in 1933, legal situation changed considerably at that time. Judicial decisions of the Supreme Court started to influence on the lower court practice and the society’s awareness, which began to make use of the institution of the Civil Law. The analysis of the doctrine concerning the pecuniary compensation is of the legal character and leads to the conclusion that it has been largely a private punishment.

  • Issue Year: XX/2017
  • Issue No: 1
  • Page Range: 237-265
  • Page Count: 29
  • Language: Polish