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Idea bezpieczeństwa prawnego w polskim prawie spadkowym

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Mącik P.

Archiwum Filozofii Prawa i Filozofii Społecznej

2014

vol. 2(9)

66-84

The purpose of this paper is to present the issues of legal protection within inheritance law. A court decision made in the case of the ascertainment of inheritance, acquisition, or registered deed of succession, constitute the only proofs of legal succession, so their amendment or revocation is permissible only in the special cases indicated in the Act. Time and procedure limitations on amendments in respect of succession can potentially affect the accepted principle of justice. However, the State protects inheritance law and at the same time upholds legal protection. The fact that the legislator facilitated such a mode of procedure attests to the fact that legal stability and security of transactions are valued more than the protection of legal succession. However, this does not mean that the principle of justice and the protection of legal succession are not applied. Au contraire a person who is not a successor has the possibility to assert the protection of his/her rights at a particular time. On the other hand, the person who is a successor has to invoke the statutory presumption and has to have the sense of legal security guaranteed by the legislator which is required of him/her. As a consequence the conflict between the protection of legal succession and legal security arises. This presents the opportunity for reflection on the status of Polish inheritance law which will be provided in this article.

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1 Archiwum Filozofii Prawa i Filozofii Społecznej

1 Mącik P.

1 2014

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Idea bezpieczeństwa prawnego w polskim prawie spadkowym