Personal rights and their protection in polish law

In pursuance of article 23 of the Polish Civil Code, a man’s personal rights, notably his health, liberty, dignity, freedom od conscience, family name or pseudonym, image, privacy of correspondence, inviolabilty of home and scientific, artistic, inventive and rationalizing achivement, shall be protected by civil law independently of a legal protection contemplated by other provisions.

The provision cited above indicates the personal rights protected by civil law. However it should be noted that the enumeration in question is only an example and the cataloque of the personal rights indicated in the article 23 of the Polish Civil Code is open.

Still, a person who has disappeard in a direct peril of his life, other than those indicated above, may be declared dead one year after the day on which the peril did cease, or accordingly to the circumstances, should have ceased (article 30 of the Polish Civil Code).

In addition, where the infringement of a personal right causes pecuniary loss, the injured person may demand compensation in accordance with general principles (article 24 paragraph 2 of the Polish Civil Code).

In accordance with article 24 paragraph 3 of the Polish Civil Code, the above-mentioned provisions shall not derogate rights contemplated by other provisions, in particular the law of copyright and the law of invention.

It should be also noted that, provisions relating to the protection of the personal rights of natural persons shall be applicable correspondingly to legal persons (article 43 of the Polish Civil Code).

legal status: 28.04.2013