Civil-Law Protection of Personal Interests of the State Treasury – Selected Issues

The scientific and research analysis presented in the study covers an issue from the area of the general part of civil law, concerning personal interests of juridical persons. The discussion will make it possible to determine whether the State Treasury – a special-type juridical person, the substrate of which is the State, therefore a subject of public law – is entitled to specific non-property values. The need to discuss the problem – important from the point of view of legal practice – results from the fact that it has not yet been resolved in any separate study. The article first presents considerations on the essence of personal interests of juridical persons and the legal subjectivity of the State Treasury. It is only against this backdrop that it is possible to give an affirmative answer to the question formulated above. In connection with the recognition that the State Treasury possesses personal interests, the study needs to address several selected issues of a detailed nature. It should be determined whether the protection of personal interests of the State Treasury should concern only the performance of private-law tasks by the State, i.e. within the scope of dominium, or this protection covers also activities within the sphere of imperium. In addition, it is necessary to decide which personal interests of juridical persons are vested in the State Treasury and what conduct of this entity may put them at risk or infringe them. It seems also necessary to analyse the rules and means of protection of personal interests of the State Treasury, as well as to quote and discuss the provisions contained in the Act on the Institute of National Remembrance concerning the protection of values of public-law nature in the form of the good name of the Polish State and the Polish Nation.