Zgoda uprawnionego w zakresie ochrony dóbr osobistych
| dc.contributor.author | Szpunar, Adam | |
| dc.date.accessioned | 2016-12-03T16:07:58Z | |
| dc.date.available | 2016-12-03T16:07:58Z | |
| dc.date.issued | 1990 | |
| dc.description.abstract | In legal writing various views have been expressed with respect to the consent of the entitled person. According to the prevailing view, it is one of the conditions eliminating the unlawfulness of the infringement of personal interests. However, the proponents of this view admit that consent fulfills many functions. It may eliminate the very infringement of some personal interests (image, secrecy of mail). The most important function of consent consists in its capacity to eliminate the unlawfulness of behaviour. The article contains the analysis of the above problems on the basis of Polish civil law. It does not consider penal law issues. The author is of the opinion that providing for the conditions of validity of consent in the amended Civil Code is not necessary. According to a rather generally accepted view, the consent of the entitled person is a unilateral revokable legal action Legal consequences occur here irrespective of the intention of the acting behavior. The borderline between the consent of the entitled person and the activity undertaken at one's own risk is blurred. The article contains a detailed analysis of the application of consent. The consent of the entitled person is very important in medical treatment. In principle, any treatment, especially surgery, requires the consent of the patient. Similar situation takes place in matters of special interest today (e.g. the admissibility of ex vivo transplants). Here, very strict criteria of consent should be applied. Next, the author discusses the application of consent in sport. The participation in brutal or dangerous sport competitions (especially in boxing) is tantamount to the consent to slight bodily injury and infringement of personal inviolability. The article contains also the analysis of the consequences of consent in the sphere of protection of other personal interests (especially privacy). In the sphere of personal interest protection the Roman Law adage volenti non jit iniuria is of limited significance. The intencity of personal interests protection would be weakened if too wide application of the construction of consent were adopted. Its subjective and objective premises must be precisely determined. There is no uniform answer to the question of how the freedom of decision of a person who gives his/her consent is shaped. | pl_PL |
| dc.identifier.citation | Ruch Prawniczy, Ekonomiczny i Socjologiczny, 52, 1990, z. 1, s. 41-57 | pl_PL |
| dc.identifier.issn | 0035-9629 | |
| dc.identifier.uri | http://hdl.handle.net/10593/16150 | |
| dc.language.iso | pol | pl_PL |
| dc.publisher | Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016 | pl_PL |
| dc.rights | info:eu-repo/semantics/openAccess | pl_PL |
| dc.title | Zgoda uprawnionego w zakresie ochrony dóbr osobistych | pl_PL |
| dc.title.alternative | Consent of the entitled person in personal interest protection | pl_PL |
| dc.type | Artykuł | pl_PL |