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  1. 1 Kwartalnik Prawa Prywatnego

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  1. 1 Dutta A.

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  1. 1 2024

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Dopuszczalność zobowiązywania się spadkodawcy na wypadek własnej śmierci

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Dutta A.
Kwartalnik Prawa Prywatnego
|
2024
|
vol. 33
|
issue 1
5-29
XX
Private law in general regards contracts as a positive institution, in particular, as far as law of obligations is concerned. Contracts are inherently just between the parties, they contain a ‘guarantee of rightness’, a ‘Richtigkeitsgewähr’, to use the famous German compound word by Walter Schmidt-Rimpler. It therefore surprises that succession law in many jurisdictions is rather reluctant to grant contractual freedom as far as contracts on future successions are concerned. The law often forbids contracts on a certain exercise of testamentary freedom, contracts which waive future succession rights and contracts on a succession upon death of a third person. The paper constitutes an analysis whether contracts in succession law are different from contracts in general private law
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