Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 4

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

Zapis windykacyjny jako rozrządzenie o skutku zobowiązująco-rozporządzającym

100%
Górniak K.
Kwartalnik Prawa Prywatnego
|
2021
|
vol. 30
|
issue 2
271-308
EN
Legatum per vindicationem was introduced into Polish law in 2011. The majority of legal scholars treat it as the type of a testamentary disposition that solely results in the acquisition of ownership by a legatee. It has, therefore, only ‘real’ effect and is not a source of any obligation between an heir and a legatee. The aim of this article is to prove the opposite. The main thesis is that legatum per vindicationem also results in the obligation to transfer ownership and take over a thing that is due to a legatee by an heir. It is, thus, a testamentary disposition, which can be regarded as legatum per damnationem (the so-called ‘ordinary’ legacy) combined with an additional ‘real’ effect, namely, the automatic acquisition of ownership of a thing bequeathed by a legatee. This theoretical assumption can be supported by at least three arguments. Firstly, by the wording of Article 9816 of the Polish Civil Code (the PCC) which provides that the provisions on legatum per damnationem apply accordingly to legatum per vindicationem (to all the aspects not dealt with differently). Secondly, by the findings of the jurisprudence as regards unjustified enrichment. The additional ‘obligational’ effect of legatum per vindicationem seems to properly ‘justify” the fact that it is through the legacy that a legatee becomes enriched. The material benefit gained by a legatee is, in this way, ‘justified’ in the light of the unjustified enrichment regime. Thirdly, the view presented in this article corresponds with the way in which ownership is transferred in Polish law inter vivos. Polish law has adopted a consensual model of the transfer of ownership (that is based on French law) which presumes the ‘double’ effect of a contract. Similarly, legatum per vindicationem can be regarded as a disposition with ‘double’ effect. The article reveals practical consequences of the presented thesis. Perhaps the most important of them is the following one: due to the fact that it has the ‘obligational’ effect, legatum per vindicationem should be governed by the provisions on the performance of obligations and the effects of non-performance (Articles 450–486 of the PCC), as well as by the provisions on legatum per damnationem providing for the time limit of the performance (Article 970 of the PCC) and the responsibility for defects in the thing bequeathed (Article 978 of the PCC).
2

Mandat na wypadek śmierci w prawie francuskim

100%
Górniak K.
Kwartalnik Prawa Prywatnego
|
2019
|
vol. 28
|
issue 4
919-939
EN
The article describes a legal solution, which was introduced to French inheritance law in 2006 and which is referred to as the mandat á effet posthume (the power of attorney with posthumous effect). It is a specific contract, under which an agent administers the estate or a part thereof after the death of a principal. The author analyses the provisions of the French civil code on the mandat á effet posthume (offering their translation into Polish), as well as the case law and scholars’ views on this solution and its legal background. In consequence, readers are provided with a complete overview of the mandat á effet posthume, as it was regulated and as it actually operates in France.
3

Glosa do uchwały Sądu Najwyższego z 25.07.2019 r., III CZP 12/19 (częściowo aprobująca)

100%
Górniak K.
Rejent
|
2021
|
issue 5 (361)
69-96
4

Ewolucja przedawnienia w prawie francuskim

100%
Górniak K.
Kwartalnik Prawa Prywatnego
|
2020
|
vol. 29
|
issue 1
5-45
EN
The article presents the evolution of the concept of liberative prescription in French law. It outlines the initial regulation of the French Civil Code and then explores its amendments, focusing mainly on the reform of liberative prescription that took place in 2008. The author explores the provisions of French private law (offering their translation into Polish), as well as the case law and jurisprudence on liberative prescription and its legal background.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.