Civil law meaning of forgiveness

• Authors: Wilejczyk Magdalena
• Languages of publication: PL

Abstracts

EN

In contemporary civilistic literature a lot of space is devoted to the legal character of forgiveness. In the article I join the opinion that forgiveness is not the legal activity, but it also does not constitute a purely internal emotional act, but is the externalized, perceptible for the third parties manifestation of this state. The main subject of my interest is, however, the issue of the legal meaning of forgiveness, that is legal steps, which were assigned by the legislator. They are based on the fact that after the forgiveness is made, you can no longer cancel the donation, the testator cannon disinherit the heir, and the court cannot consider the heir as unworthy. In this article I pose and justify the thesis that these are too far-reaching consequences, because I think that despite the forgiveness which was made, the donor should maintain the right to cancel the donation, and the testator to make the disinheritance. I believe that forgiveness is one thing, and resignation from applying the sanction (punishment) – the other; the first one does not have to entail the other. This may also be proven by the view of Seneca mentioned by me, who stated that it would be contradictory with the nature of the stoic sage to pardon the deserved punishment – such understood forgiveness is contrary to the justice and it denies its essence.

Keywords

EN

civil law; legal character of forgiveness

• Publisher: Polska Akademia Nauk
• Journal: Studia Prawnicze
• Year: 2013
• Issue: 1 (193)
• Pages: 101-112

Contributors

author

Wilejczyk Magdalena

• Uniwersytet Ekonomiczny we Wrocławiu, Komandorska 118-120, 53-345 Wrocław, Poland