In the article, the author questions the justification of liability for damages by means of a repressive function. It indicates that over the years, in both the systemic and comparative aspects, "punishing" the perpetrators of damages has been replaced by the mechanism of compensation of damages. This conclusion highlights the change in the perception of basic concepts of liability for damages such as "fault" or "non-pecuniary loss".

In the study, the author undertakes a polemic with the position of Anna Musiała. It indicates that the Author's theses are analyzed in isolation from model issues and the basic concepts arising from them. In his polemic, he also draws attention to the issue of protection of employee non-property claims in the concept of Anna Musiała. In the author's opinion, the extension of the non-pecuniary damage model may destroy the compensatory nature of monetary compensation.