Glosa do wyroku Sądu Najwyższego z 28 kwietnia 2010 r. sygn. akt III CSK 143/09
Commentary to the judgment of the Supreme Court of 28 April 2010, ref. no. III CSK 143/09
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According to the judgement of the Supreme Court, Article 445(3) of the Civil Code cannot be applied by way of analogy to the claim for legitim. An attempt to supplement Article 1002 of the Civil Code with the normative contents of Article 445(3) of the Civil Code failed completely mostly because of diverse legal character of both legitims as well as di erent purpose and ratio legis. Normative solutions with regard to the heredity of the claim for legitim accepted in Polish law (Article 1002 of the Civil Code) stir up justi able controversies. The importance of the matter is con rmed with doubts as to its constitutionality formulated both in the doctrine and judicial de- cisions. Subjective limitations as to acquisition of the claim for legitim by inheritance may result in uneven treatment of heirs depending on the way to pay the legitim the testator has chosen. The introduction of conditions of the inheritance of this claim seems illogical in view of lack of any limitations as to assignment of claims for legitim and leads to obvious systemic inconsistence.
- Dr hab. Hanna Witczak, prof. Katolickiego Uniwersytetu Lubelskiego Jana Pawła II, Katedra Podstaw Prawa Cywilnego i Prawa Prywatnego Międzynarodowego, firstname.lastname@example.org, orcid https://orcid.org/0000-0002-5949-3052
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