Sukcesja roszczeń majątkowych za szkody wyrządzone represjonowaniem w okresie Polskiej Rzeczypospolitej Ludowej
Succession of Property Claims for Damages Caused by Repression during the Polish People's Republic

Summary/Abstract: The rule of law revolution following the fall of communism in Poland required compensation for the damage caused by the communist repression applied between 1944 and 1989. However, this process faced two challenges. On the one hand, the damages were caused at a time when the repressed could not rely on an effective right to the court. On the other hand, many of the victims died before the Rehabilitation Act came into force. Therefore, the Rehabilitation Act introduced two legal mechanisms intended to compensate for this. Firstly, after the political changes, a system of restitution for damages caused by communist repression was adopted. Secondly, a mechanism of succession was introduced to give the closest relatives of the deceased the right to compensate for these damages. This system operates on the border between criminal and civil law. If a repressed person dies, the order of succession is determined by an autonomous system. However, the death of the primary successor will require the transfer of property claims in accordance with the general rules of inheritance law.

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