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Title:

Monetary compensation for marital infidelity and damages resulting therefrom in comparative perspective

Subject and Keywords:

damages   adultery   infidelity   Austrian law   German law   common law   Polish law

Abstract:

The way the law regulates marriage and marital relations stems, at least to a certain extent, from the common beliefs of the society concerning these issues. The same can be said of the law of torts, whose norms arise from the social convictions regarding who and to what extent shall bear certain damages, including the fundamental issue of whether such damages should be subject to compensation at all or should they be incurred by the party at least allegedly injured. This paper aims to present a brief comparative analysis of the admissibility of seeking monetary compensation for marital infidelity in legal systems close to Poland German, Austrian, as well as in common law systems, and then present the possible legal grounds for such claims under Polish law, acquis of case-law and legal academics, namely — the claims related to the infringement of personal rights Article 23, 24 and 448 of the Polish Civil Code. The Polish approach is discussed in the context of a recent landmark Polish Supreme Court decision, where it has been ruled that the abovementioned provisions cannot be construed as to provide monetary relief for non-material damages suffered by betrayed spouses. The authors employ legal comparative and historical methods, supplanted by formal-dogmatic ones, to describe and show the evolution of the law concerning monetary liability for marital infidelity, in light of the statutory law and jurisprudence of Poland.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2019

Date copyrighted:

2019

Identifier:

ISSN 1733-5779   ISSN 0239-6661

DOI:

10.19195/1733-5779.29.11

Source:

PAd 102060 II

Language:

eng   pol

Relation:

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne, ISSN 1733-5779. Nr 29 (2019), s. 159-170

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg