Glossary to the judgment of the Court of Appeal in Katowice of 25 April 2018, file no. I ACa 1056/17
Abstract
The position expressed in the thesis of the judgment of the Court of Appeal in Katowice concerns an important and complex issue relating to a claim for monetary compensation in case of infringement of the personal goods of a legal person. The assumption that legal persons do not have the ability to feel like natural persons means that harm cannot be seen as these negative feelings – pain and suffering (physical and mental). The non-material harm to the personal goods of a legal person is, therefore, in a different form than that of a natural person. The considerations contained in the glossary are intended to determine what it is. They lead to the conclusion that the amount of non-material harm to the personal goods of a legal person is smaller than that of a natural person. This results in a smaller scope of monetary compensation applications for non-material harm to the personal goods of a legal person.
Keywords:
monetary compensation, non-material harm on the personal goods of a legal person, personal goods, non-material harmReferences
Kaliński M., in: Prawo zobowiązań – część ogólna, ed. A. Olejniczak, Warszawa 2009.
Pazdan M., in: Prawo cywilne – część ogólna, ed. M. Safjan, Warszawa 2007.
Wierciński J., Niemajątkowa ochrona czci, Warszawa 2002.
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