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• Authors: Ksiezak Pawel

Title variants

EN

THE FUNDAMENTAL ASPECTS OF THE LEGATUM PER VINDICATIONEM

• Languages of publication: PL

Abstracts

EN

With the passing of a new law on 18 March, 2011 (taking effect on 23 October, 2011), regulations concerning the legatum per vindicationem were introduced into the Polish Civil Code (alongside existing regulations concerning the legacy, which only results in an obligation). The legatum per vindicationem can only be established in a notarial will. The object of such legacy may be a thing indicated as to its identity, a transferable property right, an enterprise or an arable farm, as well as establishing the right of use or easement to the benefit of the legatee. At the moment of opening the succession, the object of the legacy is acquired by the legatee. The object of the legatum per vindicationem does not become part of the succession. If at the moment of opening the succession the object of the legacy does not belong to the testator, or the testator was obliged to dispose of it, the legatum per vindicationem is void. Any term clause or condition clause made while establishing the legatum per vindicationem is considered as non-existent. Such legatee is liable jointly with the heirs for the payment of inherited debts. When calculating the compulsory portion, the value of the legata per vindicationem is added to that of the succession. The legatee is only liable for the compulsory portion when the eligible party is unable to obtain it from the heirs. The legatee may accept or reject the legatum per vindicationem under the same conditions as the heir. The procedure for documenting the acquisition of the legatum per vindicationem is identical to that concerning the acquisition of the succession by the heirs. Despite a number of reservations concerning particulars, this amendment to the Civil Code ought to be seen in a positive light since it broadens testamentary freedom and is in keeping with the legal sense of the average testator.

Keywords

EN

COMPULSORY PORTION; LEGACY; LEGATEE; LEGATUM PER VINDICATIONEM; SUCCESSION; SUCCESSION LAW; WILL

• Publisher: Polska Akademia Umiejętności
• Journal: Kwartalnik Prawa Prywatnego
• Year: 2011
• Volume: 20
• Issue: 4
• Pages: 1043-1091
• Document type: ARTICLE

Contributors

author

Ksiezak Pawel

• Pawel Ksiezak, Uniwersytet Lódzki, Wydzial Prawa i Administracji, 90-232 Lódz, ul. Kopcinskiego 8/12, Poland

Identifiers

CEJSH db identifier

11PLAAAA099728