Małżeństwo pośmiertne jako instytucja prawna
Posthumous Marriage as a Legal Institution

Summary/Abstract: A person’s death creates rights related to the deceased’s estate on the part of living people as well as obligations related to the protection of certain values that a given community considers in order to require posthumous protection. This is associated with the tacit recognition of the survivability of some of the deceased’s goods or interests as well as the goods or interests of people close to the deceased. Sometimes the departure from the world of the living destroys planned undertakings, which has unfavorable consequences for the survivors. Such an example is a failure to conclude a marriage due to the death of one of the spouses. In some cultures, the institution of posthumous marriage, also known as ghost marriage, has been developed and implemented in legal order. The aim of the article is to present the legal institution of posthumous marriage, which is still in force in some legal orders today, as well as to demonstrate its axiological basis and the legal interest in its existence. An attempt has also been made to indicate the potential benefits and threats resulting from the validity of this institution in law.

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