Maksymilian Hau, Stanisław Jędrczak
University of Warsaw
Abstract: This article is divided into two parts. In the first part, presented here, we present arguments for the concept of post-mortem interests. Post-mortem interests are understood as events that constitute a detriment or a benefit or to the deceased person, a person who no longer exists. A right is an interest of the person recognized and protected by law. In the second part, which will be published shortly, we examine the possibility of applying and the actual application of the theory of post-mortem interests in the Polish legal system. We address the following issues: medical confidentiality, protection of medical data after the patient’s death, author’s moral rights, protection of the memory of the deceased, the law on orders and decorations, and the legal status of human corpses. The theoretical background for this article was the book by Daniel Sperling Posthumous Interest, in which the author outlined the problem discussed in the perspective of the common law regime.
Keywords: death, person, interests of the deceased, human being, bioethics, protection of the memory of the deceased
Published: Number 2(17)/2018, pp. 75-89.