The Polish Civil Code provides for examples of personal interests such as health, liberty, dignity or name. Interestingly enough, the code does not feature the direct definition of a personal interest. In practice, it is assumed that personal interests are those non-property values that are closely linked to a human person and commonly recognized within a given society.
In order to take advantage of the regulations on the protection of personal interests a number of prerequisites must be met.
- A given personal interest must exist
- The infringement or at least the threat of infringement must be a consequence of other person’s actions
- Unlawfulness of the action taken against the personal interest (from the legal point of view or at least in the light of principles of community life)
The legal regulations governing the protection of personal interests recognize a division into property claims and non-property claims. The former include claims for remedying damage, claims for monetary recompense for the harm suffered (it should be distinguished from claim for damages – pertaining to damage to property and not to the harm suffered) or vindictive damages for specific social purpose.
The latter include claims for refraining from actions posing a threat of infringement to a personal interest, claims for seizing a continuous action already infringing a personal interest, claims for legally binding determination that an individual is entitled to a given personal interest and that it is infringed by another individual.
CGO Legal law firm offers professional support at the pre-litigation stage of proceedings as well as before court. Those individuals whose personal interests have been infringed and who wish to effectively protect them will find our services indispensable, regardless of whether the claims to be raised are of property or non-property character.
You can learn more about the protection of personal interests through contacting us.