Glosa aprobująca do wyroku Sądu Najwyższego z 23 marca 2018 r., sygn. akt I CSK 424/17, Lex nr 2510953
An approving gloss on the judgment of the Supreme Court of March 23, 2018, I CSK 424/17, Lex No. 2510953

Summary/Abstract: The article discusses the decision, as well as the major motives of the judgment of the Supreme Court of March 23, 2018, which focuses on the issue of disinheritance resulting from persistent negligence of family obligations to the testator by the closest family members. The Supreme Court ruled that there are no rational reasons to protect by way of legitimizing those persons whose family bond with the testator is only of a formal nature if this situation is not only the result of the testator’s culpability. The commentary of the judgment focuses on the controversy regarding the prerequisite of culpability in the context of disinheritance in more depth. Thus, the correct conclusion is that disinheritance can only be effective when the family relationship is severed solely through the testator’s fault.

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