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The court action to establish the right to disinherit in the light of the Polish civil law – de lege lata postulates

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Oszkinis B., Paliwoda R. M.

Studia Prawnicze

2012

issue 4 (192)

157-185

The authors agree with the standpoint expressed in few rather laconic statements of the legal doctrine that the discussed court action is allowed under the Polish civil law. They claim that this possibility arises from the fact that disinheritance, which has been characterized in the article, is an entitlement (a “narrow” subjective right) which can be established on the basis of Article 189 of the Polish Civil Procedure Code (PCPC). According to them, only a bequetaher in spe possesses the legal interest in bringing the court action (can be a plaintiff) and this interest exists only in relation to the person who is to be disinherited (can be a defendant). The burden of proof is divided in accordance with the general rules of the civil procedure. In the authors’ opinion, a regional court which territorial jurisdiction is determined by the Article 41, 42 or 43 PCPC (it depends on the circumstances of a specific case) is appropriate to examine the discussed court action and a prorogation contract is not allowed.

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1 Studia Prawnicze

1 2012

1 Oszkinis B.

1 Paliwoda R. M.

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The court action to establish the right to disinherit in the light of the Polish civil law – de lege lata postulates