Published: 2017-12-09

A Gloss on Judgement I ACA 204/15 of 21 July 2015 Issued by the Kraków Court of Appeal

Katarzyna Juszyńska , Olaf Szczypiński
Zeszyty Prawnicze
Section: Glosy
https://doi.org/10.21697/zp.2017.17.1.06

Abstract

Summary

In the gloss the authors address the issue of compensation for (so-called) wrongful birth in the context of the relation between personal goods and the provisions regulating the admissibility of abortion in Polish law. They show that it is inadmissible to apply the construction of a “right to abortion,” understood as a subjective right, to which the Polish Administrative Court referred in its judgement. They argue that from the legal point of view it is inadmissible to qualify the birth of a child and/or the expense of bringing up a child as a damage. Thus they conclude that compensation for (so-called) wrongful birth is inadmissible on the grounds of Polish civil law and the constitutional protection of human life.

Keywords:

personal goods, civil liability, compensation, right to life, conceived child, nasciturus, wrongful birth.

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Citation rules

Juszyńska, K., & Szczypiński, O. (2017). A Gloss on Judgement I ACA 204/15 of 21 July 2015 Issued by the Kraków Court of Appeal. Zeszyty Prawnicze, 17(1), 135–147. https://doi.org/10.21697/zp.2017.17.1.06

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