Towards the maintenance nature of the legitim? Some comments on the new Polish regulation Cover Image

Towards the maintenance nature of the legitim? Some comments on the new Polish regulation
Towards the maintenance nature of the legitim? Some comments on the new Polish regulation

Author(s): Mariusz Załucki
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Administrative Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: succession; inheritance; legitim; reserved portion; people close to the deceased; “veto right”

Summary/Abstract: The system of protection of persons close to the deceased in contemporary succession law is one of the major dilemmas. This is because the rights of those close to the deceased interfere with one of the most valuable values developed in succession law over the years: the freedom to dispose of property upon death. Any new solution from a particular country that addresses this issue may prove interesting for the ongoing development of substantive law in individual countries. For this reason, the author presents the new Polish solutions, which have been in force since 22 May 2023 and which change the Polish legitim system fundamentally. The aim of the article is to first assess the changes introduced and to present them to the foreign reader.

  • Issue Year: 32/2023
  • Issue No: 1
  • Page Range: 13-26
  • Page Count: 14
  • Language: English