Glosy: Forma testamentu według konwencji haskiej z 1961 roku Uwagi na tle postanowienia Sądu Najwyższego z dnia 15 maja 2009 roku (III CSK 338/08)
Glosses: Form of testament under Hague Convention of 1961. Remarks concerning the judgement of Supreme Court of 15th May 2009 (III CSK 338/08)

Summary/Abstract: The Hague Convention of 1961 indicates the law applicable for the form of testament in the situation when the testament was made in 1966 and the heir died in 1980 eventhough it happened before the Convention came into force in Poland (the Convention came into force in Poland on 2nd of November 1969). The abovementioned opinion was expressed by the Supreme Court in judgement of 15th of May 2009. The Supreme Court rightly rejected the statement of the participant in legal proceeding which appealed for cassation. The participant stated that the testament that was made in UK and concerned the property which was placed in Poland it can not be valid because it do not fulfil the polish legal requirements (article 948 of polish civil code). The participant stated that the justification for the statement is provided in article 1 of the Hague Convention. In the participant’s opinion the competence of the polish law provided in the article is exclusive. The statement is not right. The possibility provided in article 1 point e of the Hague Convention to fulfil the requirements concerning the form of the testament when the inheritance includes the property is additional. Also in that situation it is sufficient to fulfil the requirements of one of the legal system defined in article 1 point a, b, c, d. The phrase testamentary disposition that determines the scope of the application of the Convention includes also codicil.

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