W sprawie wykładni określenia "osoba powołana z ustawy do dziedziczenia gospodarstwa rolnego" (art.1065 k.c.)
On the interpretation of the term “person appointed by law to inherit an agricultural farm” (Article 1065 of the Civil Code)

Summary/Abstract: The same person may be appointed by the law or not and may not have two different statuses (of an appointed and unappointed person), depending on some further circumstances (circumstances dictated by Articles 1059-1062 of the Civil Code).A person appointed by law to inherit an agricultural farm as indicated in Article 1065 of the Civil Code means a person included in the circle of statutory inheritors.According to Article 1065 sentence 1 of the Civil Code, it should be inferred (logical interpretation) from the norm that a person appointed by law to inherit a farm may inherit according to a will if he or she meets the conditions of Articles 1059 ff. of the Civil Code. The law distinguishes between “appointment” and “conditions”, without treating them as a prerequisite for the appointment (an inherent element of the appointment).

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