Rozwój prawa spadkowego w przedrozbiorowej Polsce
Development law of succession in pre-partition Poland

Summary/Abstract: The authors analyze the development of succession law on the basis of available sources in pre-partition Poland including the most important institutions. They attempt to search for the genesis of inheritance, and they emphasize the great role of inheritance law during the early feudal monarchy. They distinguish factors influencing the formation of law in Poland, such as customary law, statute law, canon law and German law. They describe the beginnings of inheritance relating only to movable things. Explain concepts emerging with the development of inheritance law such as gender fragility. They undertake an analysis of the meaning of the form of the will, which in Poland was initially oral, and from the 13th century established itself as a written regulation of the testator’s last will in case of death. They conclude on the process of development of inheritance law in pre-partition Poland as an instrument of legislators to achieve their goals, which may constitute an interesting contribution to further discussion.

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