ZAWARCIE KOLEJNEGO MAŁŻEŃSTWA A UTRATA DOŻYWOCIA W POLSKIM PRAWIE ZIEMSKIM. TEORIA I PRAKTYKA
ENTERING INTO ANOTHER MARRIAGE AND LOSING MARITAL LIFE ESTATE IN POLISH LAND LAW. THEORY AND PRACTICE

Summary/Abstract: The purpose of the marital life estate contract was to provide material security for the spouse in the event of widowhood by providing them with the right to use the deceased's property for the rest of their life. One of the grounds for losing this right could occur in the event of entering into a new marriage by the party benefiting from the life estate. The majority of Polish land law researchers, on the basis of the statement by Teodor Ostrowski, were of the opinion that the right to the life estate in the crown provinces ended when one entered into marriage only if a clause containing such a stipulation was inserted in the contract. However, just entering into another marriage did not result in the loss of the life estate. In order to verify this opinion, the article conducts an analysis of selected documents from legal practice, namely marriage contracts and wills, in which the parties made a declaration regarding the consequences of entering into a new marriage by the spouse who was to benefit from the life estate. The provisions regulating this issue which are included in the codification projects of private law on Polish territories in the 18th and 19th centuries are also delineated.

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