Act of 23 April 1964 – the Civil Code (Journal of Laws 1964 No. 16, item 93)

 

Article 23The personal interests of a person, such as, in particular, health, freedom, honour, freedom of conscience, surname or pseudonym, image, secrecy of correspondence, inviolability of home, scientific, artistic, inventive and rationalising achievements, shall be protected by civil law independent of protection provided for under other provisions.

Article 24 § 1 – The person whose personal rights are threatened by someone else’s action may require stopping that action, unless it is not illegal. In case of infringement, one may also require the person who committed the infringement to fulfil the actions necessary to remove its effects, in particular, to make a statement of a relevant content and appropriate form. Pursuant to the rules provided for in the Code, one may also require monetary compensation or payment of an appropriate amount of money for the indicated social purpose.

Article 24 § 2 – If, as the result of a breach of personal rights, one has suffered a material injury, the affected party may claim compensation based on general principles.

Article 24 § 3 – The above are without prejudice to the entitlements provided for by other regulations, in particular in the copyright law and the invention law.

Article 415 – Whoever by his fault caused a damage to another person shall be obliged to redress it.

Article 444 § 1 – In case of bodily harm or a health disorder, the redress of the damage includes all costs resulting from it. At the request of the affected party, the person obliged to redress the damage shall pay, in advance, an amount required to cover the costs of treatment, and if the injured party has become disabled, then also the amount required to cover the costs of preparation for another profession.

Article 444 § 2 – If the affected party has become partially or fully incapable of gainful employment, or if his/her needs have increased or future prospects of success have been reduced, he/she may demand an appropriate annuity from the party obliged to redress the damage.

Article 444 § 3 – If, at the moment of delivering the judgement, the damage cannot be assessed precisely, a temporary annuity may be awarded to the affected party.

Article 445 § 1 – In the cases provided for in the preceding article, the court may award the affected party an appropriate sum as compensation for the harm suffered.

Article 445 § 2 – The above provision also applies in case of deprivation of liberty or in the case where one induces another person by deception, violence or abuse of dependency relation to submit to an immoral act.

Article 448 – In case of violation of personal rights, the court may adjudge in favour of the affected person an appropriate sum of money as monetary compensation for the harm he/she suffered, or adjudge at his/her request an appropriate sum of money in favour of a social purpose indicated by him/her, independently from other means necessary to redress the effects of the infringement (…).

The Civil Code also includes indirect protection from discrimination; it enables redress by persons whose personal interests, such as honour, freedom of conscience, image, etc. have been infringed by a third party’s actions. In such case, the person whose personal interest has been endangered by other people’s action may request stopping them, ordering actions to redress the effects of the offence, as well as monetary compensation or payment of an appropriate amount of money for the indicated social purpose.

Therefore, the Civil Code indirectly expresses protection of persons who, as a result of other people’s unlawful actions (unlawfulness is broadly recognised here – as any action “(…)contrary to the legal norms, legal order and rules of social coexistence” (S. Dmowski [in:] Komentarz do Kodeksu Cywilnego, Księga Pierwsza, Część Ogólna, S. Dmowski i S. Rudnicki, Warsaw 2009)), have been treated in a way which infringed their freedom, health, honour, freedom of conscience, etc.