Personal Rights and Their Protection under the Civil Code Cover Image

Dobra osobiste i ich ochrona na gruncie Kodeksu cywilnego
Personal Rights and Their Protection under the Civil Code

Author(s): Weronika Batory
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: subjective rights; civil law; compensation; claim; legal protection

Summary/Abstract: The purpose of this article is to familiarize the reader with the issues concerning the protection of personal interests contained in the provisions of the Civil Code. The work presents the development of institutions for the protection of personal rights in a historical context. The main subject of the research is the analysis of current civil law provisions pertaining to the essence of the concept of personal good and to claims that are entitled to the aggrieved party in case of their violation. There is no single definition of personal good in the Polish legislation, which resulted in the concept of personal good being developed by the representatives of the doctrine and the judicial decisions of the courts. The personal rights of a man are his subjective rights, effective erga omnes. The protection of goods appearing in the Civil Code is vested in the moment of unlawful threat of their violation. As a result of a comprehensive analysis of the above issues, the postulate of the author is the introduction of a general definition of the concept of personal good.

  • Issue Year: 29/2019
  • Issue No: 1
  • Page Range: 7-22
  • Page Count: 16
  • Language: Polish