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Selected issues connected with the subjective model of a legitimate portion


Mamos, Maksymilian

Subject and Keywords:

legitimate portion ; rules of social intercourse ; inheriting ; heir’s rights ; limitation period


The subject of the article concerns selected issues connected with the subjective model of a legitimate portion in Polish law. The author focuses on three most important matters. The first of them concerns a situation in which in case of an estate of negligible value a testamentary heir is obliged to pay the legitimate portion due to donations or a vindicatory legacy made by the testator. The second regards the heir's right to demand a legitimate portion. The third is connected with the subjective identity of the heir and a donee or a legatee in the context of the limitation period for a claim for a legitimate portion. The author presents an overview of dominating opinions in case-law and jurisprudence and complements them by drawing his own conclusions and suggestions of amendments to binding legal regulations.

Place of publishing:



E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego


Górnicki, Leonard. Red.

Date issued:


Resource Type:



ISSN 2450-3932


pol ; eng

WUL Catalog:

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Is part of:

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Is referenced by:


Folia Iuridica Wratislaviensis


Rules of usage of Digital Library of Wroclaw University

Licence text:

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Rights holder:

© Copyright by Maksymilian Mamos

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

TK ; WR U/PAdjm