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Title:

Committing of a crime as a cause of unworthiness of inheritance under Polish inheritance law

Alternative title:

Včinennâ zločinu âk pričina usunennâ vìd prava na spadkuvannâ v pol′s′komu spadkovomu pravì

ORCID:

0000-0002-7699-5150

Subject and Keywords:

inheritance   unworthiness of inheritance   heir situation   crime   unworthiness of inheritance against disheritance

Description:

Tekst w jęz. pol., streszcz. w jęz. ang. i ukr.

Abstract:

The considerations conducted in this article are centered around the exact nature of one of the grounds for judging the unworthiness of inheritance by the heir after the particular devisor, namely around the case where the heir has intentionally committed a serious offense against the testator which is a prerequisite for judging the inadmissibility of inheritance under Article 928 § 1 point 1 of the Polish Civil Code. The terms used in the above of criminal law must be used here, especially in the context of the notion crime, its stadia and phenomena, as well as the intentional nature of the heirs actions. It has also been showned the need for an individual judgment in each case by the court whether the act can be classified as severe; the text comprises indications in this regard, including these flowing from the case law. To several of the above-mentioned aspects the author made some critical remarks, proposing her own interpretation of the discused regulations. Finally, the case of committing an offense as a reason for the ruling on the unworthiness of inheritance Article 928 § 1 point 1 of the Polish Civil Code has been compared to situations where this constitutes a ground for disinheritance Article 1008 point 2 of the Polish Civil Code. At this background some de legeferenda remarks has been made.

Place of publishing:

L'vìv

Publisher:

L'vìvs'kij nacìnal'nij unìversitet ìmenì Ìvana Franka

Date issued:

2017

Identifier:

ISSN 2082-4939

Source:

PAd P 102216 II

Language:

pol   ukr   eng

Relation:

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2017, 8, s. 137-152

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Vidavnictvo L'vìvs'kogo nacìonalʹnogo unìversitetu ìm. Ìvana Franka

Autor opisu:

WR U/PAdbg