Stwierdzenie nabycia spadku - uwagi na temat możliwości wzruszenia prawomocnego postanowienia o stwierdzeniu nabycia spadku oraz zarejestrowanego aktu
Court declaration of succession or of acquisition of the object of an absolute legacy - comments on the possibility of a legaly valid court declarati

Summary/Abstract: The limited goal of the following study is to explore legally valid court declaration of succession and a registered notarial deed of succession certification. The emphasis will be put on specific circumstances: – when court declaration of succession and notarial deeds of succession certification are issued imultaneously, – when a court issued a declaration of succession, while the notary on the decline after the testator has drawn up a notarial deed of succession certification. This paper presents procedural questions about how to change and set aside a valid court declaration of succession, a registered notarial deed of succession certification, as well as regulations concerning the possibility of the resumption of the proceedings. Systematic discussion of these issues will be followed by observations concerning some fundamental inconsistencies in current legislation. In addition, attention will be paid to a legislative error included in the article 679 § 1 k.p.c. The issue of reopening of proceedings raises most serious doubts. Depending on the recognition of one of the two views coming from different interpretations of article 679 k.p.c. in relation to article 524 k.p.c. can be assumed that the resumption of the proceedings in a situation where in legal transactions there are two or more final decision determining the acquisition the inheritance of the deceased is the same at all unacceptable. Favoring the second interpretation must result in assumption that the reopening of proceedings is permissible in those cases in which the basis of resume is not the same as provisioned in article 679 k.p.c.

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