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, the abovementioned Patients' Rights and Patients' Rights Ombudsman Act1 entered into force. The act was passed due to the need of having a comprehensive regulation on patients' rights and the lega! instruments for their pro tection. This, however, does not mean that the Polish legat system in this field has not been regulated before. In the Health Care Institutions Act of 30.08.19912 there was, admittedly, a catalogue of patients' rights, but it concerned only some rights. Mo reover, the act did not specify the substance of individual rights, which was the rea son why for this purpose, one has to refer to other acts in the fields of medical law,

, V Aca 109/15 1 1. Th e interpretation of Article 13 § 1 of the Civil Code 2 has to be made in the spirit of Article 30 of the Constitution of the Republic of Poland stipulating that the inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. Th e provisions of the Constitution and international law on the subject of human rights protection are subject to violation in any case of adjudicating incapacitation, either full or partial, which does not signifi cantly improve the legal or actual situation of the incapacitated person. 2. Th e adjudication on incapacitation cannot be based on potential risks and threats that may relate to health or even human life in the future.