Open AccessWięź emocjonalna ze zwierzęciem a dobra osobiste
Author(s) -
Karolina Panfil
Publication year - 2021
Publication title -
radca prawny
Language(s) - English
Resource type - Journals
eISSN - 2720-3670
pISSN - 2392-1943
DOI - 10.4467/23921943rp.21.027.15119
Subject(s) - harm , compensation (psychology) , doctrine , civil code , political science , animal rights , law , law and economics , legal doctrine , psychology , sociology , social psychology
Emotional bond with an animal and personal interestsThe paper looks at the legal consequences of a domesticated animal’s death in the sphere of private law. A prevailing view of the Polish doctrine excludes any claims aimed at monetary or non-monetary compensation of the harm suffered by an owner as a result of an animal’s death. Several recent cases concerning such claims, resolved by the Polish courts differently, have been criticized. In particular, most authors think that the emotional bond between a person and their animal cannot qualify as a personal interest protected by Article 24 of the Polish Civil Code. The article discusses critically the majority view and presents arguments in favor of a different approach to the civil law compensation for harm caused by a domesticated animal’s death.