- Tytuł:
-
Śmierć osoby bliskiej jako podstawa roszczeń cywilnoprawnych – wybrane aspekty
Death of a loved one as the basis of civil law claims – selected aspects - Autorzy:
- Zdanowicz, Urszula Anna
- Powiązania:
- https://bibliotekanauki.pl/articles/2029525.pdf
- Data publikacji:
- 2021
- Wydawca:
- Ośrodek Badawczy Facta Ficta
- Tematy:
-
civil claims
a death of a loved one
treatment and funeral expenses
pension
compensation
payment of damages
damage
harm - Opis:
- Urszula Anna Zdanowicz in the paper Death of a loved one as the basis of civil law claims – selected aspects discusses civil claims based on the death of a relative. Considering the fact that, in accordance with the general principle that compensation claims are only granted to persons directly injured, the Polish legislator decided to introduce a solution to the Civil Code which would make it possible to satisfy the socially expected obligation to facilitate persons affected by a dramatic event in the form of death. a person close to returning to a fair functioning. After all, it should be emphasized that such an event may affect not only the mental state of the indirectly injured person, but it may also be associated with significant repercussions in their material conditions, often leading to a significant deterioration in their life situation. The article 446 of the Civil Code introduces four specific claims, one of which relates to compensation for non-pecuniary damage – harm, while in the remaining cases they concern compensation for pecuniary damage. Considering the fact that the analyzed code regulation makes the occurrence of the entitled person's claim dependent on the death of a close person as a result of bolidy injury or causing a health disorder, it has become important to provide general information on the understanding of certain code concepts in the jurisprudence and doctrine. The research process includes an analysis of the development of the scope of legal protection granted to individuals in the event of the death of a relative, as well as considerations concerning the group of persons entitled to individual claims. It was impossible to fail to indicate how the concepts of "a close person" and "the closest family member" are understood in the judicature and science. A comprehensive analysis of the discussed issues also required paying attention to the divergences in the views of the representatives of theory and practice. The conducted research allowed for conclusions on the advisability of legal regulations aimed at protecting people suffering from trauma and material consequences resulting from the death of a loved one.
- Źródło:
-
Facta Ficta. Journal of Theory, Narrative & Media; 2021, 8, 2; 237-256
2719-8278 - Pojawia się w:
- Facta Ficta. Journal of Theory, Narrative & Media
- Dostawca treści:
- Biblioteka Nauki
Artykuł