Protection of Personal Property
The Law Firm, advocate Joanna Jakubowska-Zawada, specializes in matters concerning protection of personal rights.
What are personal rights?
Goodness is an abstract, immaterial concept. In legal and philosophical terms it will be understood as a certain positive legal value. Therefore, personal good should be understood as a set of positive legal values that can be attributed to a given person or company, and it is such value that cannot be transferred to another person or entity.
Personal property in Polish law
The basic legal act regulating the issue of personalities is the civil code, personal rights include: health, freedom, honour, freedom of conscience, surname or pseudonym, image, secret of correspondence, inviolability of the apartment, scientific, artistic, inventive and rationalising work. This catalogue is an exemplary and open catalogue. The analysis of the jurisprudence of Polish courts points to further definable personal rights such as: the right to privacy, the right to peace, the good reputation of the entrepreneur, protection of the entrepreneur’s name, inviolability of premises, the sphere of privacy.
When does the infringement of personal rights occur?
We distinguish between two types of violations of personal rights, they can take the form of legal and illegal:
- The legal infringement of the rights of the personality will take place when, among other things, the person concerned has consented to it, when the infringement results from an action prescribed by the law, when it is necessary to protect another of the above mentioned goods, when it is acceptable in view of the principles of social coexistence,
- The unlawful violation of personal rights will occur in any other case.
The analysis of whether there has been an (illegal) infringement of personal rights therefore consists in the assessment of the situation and legal status of the infringing entity or person and the entity or person affected by the infringement, and then it is necessary to determine the social perception of a given infringement, i.e. what reaction, taking into account the whole circumstances of the case, will the infringement cause in society and whether the given behaviour could have become an objective basis for negative feelings on the part of the person whose rights have been infringed.
Such an analysis is an individual, complex and time-consuming process which, without the support of an attorney – an expert in these issues, may lead to misleading conclusions having its legal and financial consequences.
How can one defend oneself in case of violation of personal rights?
The Civil Code provides for two threats before the courts and a court. The pre-trial action consists of a demand to stop the violations and a demand to remove the effects of violations of personal rights. A person or company whose personal rights have been infringed may also demand monetary compensation or payment of an appropriate sum of money for the indicated social purpose. On the other hand, if the violation of personal property has resulted in property damage – the injured party may demand that it be repaired on general principles.
As indicated above, in the situation of an illegal violation of personal rights, there are a number of measures whose purpose is to help protect personal rights. The Jakubowska-Zawada Law Office provides legal services related not only to the elimination of the effects of infringement of personal rights by, for example, bringing a civil action for the protection of personal rights, but also provides support and advice in the selection of appropriate legal steps to fully resolve the existing legal situation.