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Dziedziczenie testamentowe w prawie izraelskim

100%
Sobański P.
Rejent
|
2020
|
issue 8 (352)
57-84
EN
Israeli inheritance law in matters of testamentary inheritance should be an interesting source of inspiration for the Polish law on its way to modernize the law in this area. It seems that the Polish legislator should consider in particular the need to introduce a regulation similar to § 25 of the Inheritance Law into the Polish Civil Code, which is the world's first Harmless Error Rule regulation, which is being adapted in an increasing number of laws of individual countries. It expresses the priority of the testator's will over the formal requirements resulting from the provisions of the Act. It should be noted that there is not only one model of this principle, and the analysis of the history of the changes made to § 25 of the Israeli Inheritance Law perfectly illustrates what the shadows and radiance of the more liberal model and the slightly more restrictive version are. The article also analyzes the Israeli regulation of joint wills and its comparison with the presented Polish draft in this matter.
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