A Gloss to the Decision of the Supreme Court of 16 October 2014, File Ref. No. III Csk 301/13 Cover Image

A Gloss to the Decision of the Supreme Court of 16 October 2014, File Ref. No. III Csk 301/13
A Gloss to the Decision of the Supreme Court of 16 October 2014, File Ref. No. III Csk 301/13

Author(s): Grzegorz Wolak
Subject(s): Law, Constitution, Jurisprudence, Court case
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: last will and testament; witness; legal entity; governing body of a legal person; member (shareholder) of a corporate legal person

Summary/Abstract: The gloss addresses the decision of 16 October 2014, III CSK 301/13, in which the Supreme Court adopted the position that a member of the governing body of a legal entity may, in principle, be a witness to making a testament in which a benefit is provided for that legal person. Similarly, in the Supreme Court’s opinion, a witness to the making of a will may, in principle, be a member of a corporate legal person for which a benefit is provided in that will. The author offers a critical assessment of that position. He considers as appropriate the view according to which a last will in which a benefit is envisaged for a legal person cannot, in principle, be witnessed by either an officer of such a legal entity, or by any member (shareholder) of a corporate legal person.

  • Issue Year: 28/2018
  • Issue No: 2EV
  • Page Range: 135-154
  • Page Count: 20
  • Language: English