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  1. 2 Borysiak W.

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Osoby zainteresowane jako uczestnicy notarialnego poświadczenia dziedziczenia (część I)

100%
Borysiak W.
Rejent
|
2021
|
issue 4 (360)
20-50
EN
The Act Amending the Code of Civil Procedure, the Notarial Act and Certain Other Acts of 24 July 2015 specified in Article 95aa of the Notarial Act the status of the interested parties. When it comes to writing the record of succession, the participation of those interested parties is obligatory. The circle of interested parties within the meaning of this provision includes only individuals who may be considered as statutory or testamentary heirs, and those for whom a legacy by vindication has been made. The first part of the study describes the legislative work on the Article 95aa of the Notarial Act, defines the concept of an interested party, compares it with the circle of participants of the certification of succession, and discusses the types of entities that can be qualified as interested parties. The interested parties would not necessarily include all the potential statutory heirs of a given deceased, but only those who would inherit in a specific factual situation. Their presence is obligatory even if the succession is based on a will. If the testator has made several wills, every person who has been appointed to inherit or for whom a legacy by vindication has been made should also participate in drawing up the record of succession.
2

Osoby zainteresowane jako uczestnicy notarialnego poświadczenia dziedziczenia (część II)

88%
Borysiak W.
Rejent
|
2021
|
issue 5 (361)
11-37
EN
The Act Amending the Code of Civil Procedure, the Notarial Act and Certain Other Acts of 24 July 2015 introduced a new Article 95aa to the Notarial Act, defining the status of interested parties in terms of inheritance. The second paragraph of Article 95aa of the Notarial Act indicates that anyone who renounces an inheritance or the object of a legacy by vindication, and anyone deemed unworthy to succeed loses the status of an interested party. The study goes on to discuss in detail the types of entity that cannot be qualified as interested parties and compares tchem with the circle of participants at the certification of succession. In addition to the parties explicitly mentioned in Article 95aa § 2 of the Notarial Act, interested parties cannot include a person who died at the same moment as the deceased, a spouse who has been excluded from succession according to Article 940 of the Polish Civil Code, the acquirer of the succession rights, beneficiaries of an ordinary legacy or creditors of the estate. This also includes anyone who concluded a contract with the deceased on waiving the succession, and their descendants. In the latter situation, before drawing up the deed of certification of succession, the notary must read the contract carefully, to determine the scope of the exclusion.
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