In this paper I present the analysis of a legal standing in a case concerning the exclusion of a deceased’s spouse from inheritance (art. 940 of Polish Civil Code). According to the article the spouse is excluded from inheriting if the deceased had filed for divorce or judicial separation through a fault on the spouse’s part, and the request was justified. Concomitantly a spouse is excluded from inheriting by a court decision. Exclusion may be demanded by any of the remaining statutory heirs called to the succession concurrently with the spouse; a court action may be brought within six months of the day on which the heir learns of the opening of the succession and not later than one year from the opening of the succession. While it would seem that this issue of who may sue and be sued in such a case is not controversial, it should be noted that there are discrepancies in the literature on this subject. It should be analysed who is able to sue the spouse of the deceased, especially if the prosecutor has a power to do so. It is doubtful whether the prosecutor may file a suit under Article 940 of the Civil Code. In addition, it requires considering what the consequences of the death of the defendant are in a case for exclusion of the spouse from inheritance, as well as who should be sued in the event that the spouse of the testator – a potential defendant died before the initiation of this procedure.
Jun 15, 2021
Jun 18, 2020
|O legitymacji stron sporu o wyłączenie małżonka spadkodawcy od dziedziczenia (art. 940 k.c.)||Jun 15, 2021|
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