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.
May 17, 2019
Apr 18, 2018
|Wybrane problemy związane z modelem podmiotowym instytucji zachowku||May 17, 2019|