Comments on the Judgment of the Polish Supreme Court of 25 August 2017, II CSK 844/16

Abstract

The Supreme Court considered the nature of the obligation to remedy damage caused as a punitive measure before the change of succession law that took place on July 1, 2015 and whether this obligation passes on to the heirs of the obliged deceased. The Court stated that this obligation is of a compensatory nature, because it is derived from civil law. This obligation is not strictly connected with the deceased and therefore - is subject to succession. The obligation to remedy damage caused passes on to the minors and that this is not a cause for the application of article 5 of the Civil Code, which pertains to the abuse of subjective rights.