Introduction
Family ties constitute one of the most important forms of interpersonal relationships, providing individuals with stability, a sense of security, and mutual support—both in material and non-material aspects. In social sciences, they are treated as a special type of social bond, and in civil law, they are increasingly considered in the context of personal goods. Although the concept of family ties is not explicitly listed in the catalog of Article 23 of the Civil Code, judicial practice, especially in recent years, increasingly recognizes their status as a personal good.
The Nature of Family Ties
Family ties encompass the actual relationships between family members, based on emotional, cultural, and functional structures. Each of these dimensions defines a specific scope of obligations. Material ties are reflected in family and civil law institutions—such as the duty of maintenance, marital property community, or management of a child’s assets. In contrast, emotional ties, although more difficult to define, are equally significant—they remain individualized and are only partially subject to legal regulation.
The foundation of family ties is the conscious and free will of family members, especially spouses, from which also arises a spiritual bond based on mutual respect and affection. In this context, family ties become a non-material value deserving legal protection.
Family Ties in Case Law
The recognition of family ties as a personal good raises controversy in legal doctrine. On one hand, their interpersonal nature is emphasized, which makes their objectification and legal protection difficult. On the other hand, the case law of common courts and the Supreme Court increasingly recognizes their status as a personal good.
One of the first rulings that explicitly recognized family ties as a personal good was the judgment of the Gdańsk Court of Appeal on September 23, 2005 (I ACa 554/05), which stated that the special bond between parents and a child deserves protection under Article 24 § 1 of the Civil Code. In subsequent years, courts have developed this line of jurisprudence, indicating, among other things, the right to family life as a personal good (Warsaw Court of Appeal, I ACa 385/15; Łódź Court of Appeal, I ACa 956/15; Białystok Court of Appeal, I ACa 250/15; Katowice Court of Appeal, V ACa 379/15).
In its judgment of January 14, 2010, the Supreme Court recognized family life as an independent personal good, and in the judgment of August 9, 2016 (II CSK 719/15), it clarified that family ties must take the form of real, strong, and lasting emotional bonds that can be objectively verified. They cannot be equated merely with feelings of attachment.
Axiological Justification for Protection
The recognition of family ties as a personal good has a strong axiological justification. Family, relationships with close ones, and especially the bond between children and parents, hold a high position in the hierarchy of social values. The need for closeness and belonging is an inherent human trait, and its violation can lead to profound emotional harm.
In its resolution of March 23, 2018, the Supreme Court indicated that maintaining bonds with closest persons is a value inseparably connected with human nature. In the judgment of January 12, 2021 (III CSKP 11/21), it was recognized that the severance of family ties can be a source of harm for the closest persons, who are directly affected by the causative event—e.g., as a result of the death or serious injury of a close person.
Family Ties and Divorce
A particular case of the severance of family ties is divorce. The dissolution of marriage leads to a loss of stability, sense of security, trust, and acceptance—for both spouses and children. Although divorce law does not provide for compensation for the severance of family ties, the need to protect this value in the context of the emotional and social consequences of divorce is increasingly emphasized.
Violation of the Right to Family Life through Online Publications
According to Article 8 of the European Convention on Human Rights, every person has the right to respect for their private and family life, home, and correspondence. The Strasbourg Court interprets these concepts broadly—family life includes not only traditional marital and parental relationships, but also partnerships, grandparent-grandchild relationships, and sibling bonds. The state has both negative obligations (non-interference) and positive obligations (protection against interference by third parties, e.g., the media).
Polish press law (Art. 14(6)) prohibits the publication of information from a person’s private life without their consent, unless the information is directly related to that person’s public activity. Otherwise, the publication may be considered an unlawful interference with personal goods, including family life. Courts emphasize that even public and well-known figures have a right to privacy, and the public interest does not justify every intrusion. For example, the Warsaw Court of Appeal ordered apologies to actress Joanna Brodzik for publishing photos suggesting she was intoxicated—although she was a public figure, the publication violated her dignity and privacy. In one court ruling, it was noted that the press publication infringed not only on privacy but also on the right to a peaceful family life and a happy marriage. Such violations may result in compensation for moral harm.
Freedom of expression (Art. 10 of the ECHR) is not absolute. It must be balanced with the right to privacy and family life. Journalists have a duty to exercise particular care and diligence—publications must be socially justified and must not exceed the limits necessary to achieve the informational purpose.
Summary
Although family ties are not explicitly listed in the catalog of Article 23 of the Civil Code, they deserve recognition as a personal good. Their protection stems not only from case law but also from the axiological foundations of civil and constitutional law. As social relations develop and perceptions of values evolve, the catalog of personal goods changes—and family ties, as a value fundamental to human identity, should receive full legal protection. The right to family life deserves broad and strong protection and extends also to recognizable, well-known, or public individuals, including in relation to freedom of speech.
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[1] https://www.coe.int/pl/web/echr-toolkit/le-droit-au-respect-de-la-vie-privee-et-familiale
[2] Prawo do publikacji informacji o działalności osób publicznych a ochrona prywatności – Wydanie – 9-10/2011 | Palestra; Naruszenie prywatności w publikacji prasowej (wyrok VI ACa 775/15)