O dopuszczalności antycypującego odrzucenia spadku w prawie polskim
On the admissibility of anticipatory rejection of inheritance in Polish law

Summary/Abstract: The prevailing view in the Polish doctrine and judicature is that after the death of the testator, the persons inheriting thereafter in the second and further sequence, have the right to reject the inheritance, as long as none of the persons appointed to inherit on a stronger basis wants to or can become an heir. This view is unfavourable for the persons appointed to the inheritance on a weaker basis. Earlier (anticipatory) rejection of the inheritance is assumed to be invalid, as performed under the condition that the person rejecting the inheritance would become the heir (Article 1018 § 1 of the Civil Code). This paper is the attempt to present criticism of such a view. In the opinion of the author, with the moment of the testator’s death, the declaration on rejecting of the inheritance may be also made by the person appointed to the inheritance on a weaker basis, and thus inheriting in the second or further sequence. The effectiveness of such an act in law, due to the conditio iuris in force, is, however suspended until it turns out that the persons appointed to the inheritance on a stronger basis do not want to inherit or cannot become heirs. Thus, anticipatory rejection of the inheritance is admissible de lege lata. Given the discrepancies in the doctrine and unambiguous position of the judicature, the introduction of appropriate provisions into the Civil Code, similar to the regulation of § 1946 BGB, is suggested in the article within the de lege ferenda comments.

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