Your loss, your business! Remarks on the Supreme Court’s Judgment of December 11th, 2018 In Case IV CNP 31/17 Cover Image

Twoja krzywda, twój problem! W związku z wyrokiem Sądu Najwyższego z 11 grudnia 2018 r. w sprawie IV CNP 31/17
Your loss, your business! Remarks on the Supreme Court’s Judgment of December 11th, 2018 In Case IV CNP 31/17

Author(s): Jacek Mazurkiewicz
Subject(s): Constitutional Law
Published by: Uniwersytet Opolski
Keywords: contractual nature of marriage; obligation to be faithful; person’s responsibility for violating the personal rights of his/her spouse; compensation or pecuniary remedy for breakdown of marriage

Summary/Abstract: The article was inspired by a court case in which the Supreme Court found that a former husband, having been betrayed for years, whose ex-wife gave birth to four children by another man during their marriage, has no right to compensation for violation of personal rights. The author strongly criticizes this judgment. He also considers the contractual aspects of marriage in the personal sphere and refers to the proposal of compensation or compensation, or remedy for causing a breakdown of marriage.

  • Issue Year: XVII/2019
  • Issue No: 3
  • Page Range: 213-228
  • Page Count: 16
  • Language: Polish