Modernizacja prawa spadkowego na przykładzie prawa austriackiego. Spojrzenie krytyczne.
Modernization of inheritance law on the example of Austrian law. Critical look.

Summary/Abstract: The text discusses the fundamental reform concerning the law of succession that has entered into force in Austria in 2017. Having shortly described the origins and characteristics of the Austrian regulation of this matter, the authors have examined the amendments with respect to statutory succession (including the newly introduced inheritance by a cohabitant), reserved portion of inheritance as well as forms of testaments. In the remaining part of the text the reforms effected by the Austrian lawmaker are related to the current state of Polish law of succession, its recent changes and various proposals made in this respect. In particular the authors have critically analysed the case for introducing in Polish law the inheritance by cohabitants (and its similarities to inheritance by stepchildren, already known to Polish law) as well as a statutory bequest for the benefit of relatives that had taken care of the decedent in the final years of his life (the Pflegevermächtnis).

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