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Alternative title:

The charge of abuse of a subjective right and deprivation of the rightto a reserved portion : a gloss to the judgment of the Supreme Court of 28 March 2018, V CSK 428/17

Subject and Keywords:

abuse of subjective right   reserved share   disinheritance

Abstract:

The glossed judgment concerns the extremely important issue of the admissibility of applying Art. 5 of the Polish Civil Code to claims for a reserved share, both in terms of measuring its amount, as well as depriving the entitled part of the reserved portion. Although the very decision of the Supreme Court against the background of the facts of the case deserves approval, the thesis of the judgment, according to which it is not permissible to dismiss the claim for a reserved share under Art. 5 of the Polish Civil Code.

Date issued:

2021

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 0137-1134

Source:

PAd P 101660 II

Language:

pol

Abstract Language :

eng

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 Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2021   Copyright by CNS

Autor opisu:

WR U/PAdal

wwwDescription:

WR U/PAdjm