Compensation to the Benefit of the Decedent’s Next of Kin. Legal Effects Issuing from the Death of a Worker

Abstract

The purpose of the article is to present legal regulations regarding entitlements due to the death of a close family member. The considerations focus mainly on Art. 446 § 3 of the Civil Code, Art. 63 § 2 and Art. 93 of the Labour Code. This study attempts to determine whether the entitlements which are due by virtue of the current legislation are sufficient for the beneficiaries, and whether the subjective scope of both the Civil Code and Labour Code is not too narrow. The interpretation of compensation in the light of Art. 446 § 3 of the Civil Code is highly controversial, namely whether a compensation applies to a pecuniary or nonpecuniary damage. The issue in focus should be addressed in the light of a doctrinal interpretation and relevant judicature.