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  1. 1 Haberko J.

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Uwagi de lege ferenda w związku z projektowanym rozszerzeniem przesłanek niegodności

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Haberko J.
Rejent
|
2022
|
issue 7 (375)
44-62
EN
The subject of the article is the assessment of the draft amendments to the Civil Code in terms of the grounds for unworthiness of inheritance. The author takes up the issue of inheritance law provisions allowing for disinheritance and declaring unworthiness in connection with behavior resulting in non-alimony and deprivation of custody over a family member. The author attempts to answer the question whether the use of terms specific to criminal law by the civil legislator is a deliberate measure and requires reference to the provisions of the Penal Code, or is it merely a linguistic measure and does not impose on the interpreter of the provisions of the Civil Code this obligation, especially in the context of the ground of failure to fulfill family obligations. The subject of the analysis are the premises for declaring the heirs unworthy de lege lata and de lege ferenda.
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