DOCHOWANIE TERMINU NA ZŁOŻENIE OŚWIADCZENIA O PRZYJĘCIU LUB ODRZUCENIU SPADKU W IMIENIU MAŁOLETNIEGO
MEETING THE DEADLINE FOR SUBMITTING A DECLARATION OF ACCEPTANCE OR REJECTION OF INHERITANCE ON BEHALF
Author(s): Joanna Kuźmicka-SulikowskaSubject(s): Civil Law, Sociology of Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: inheritance law; minor heir; rejection of inheritance; acceptance of inheritance; deadline for submitting the declaration of acceptance or rejection of inheritance;
Summary/Abstract: This paper discusses topics of some import to Polish inheritance law. Specifi cally, this concerns cases in which the inheritance occurs to a minor heir and his legal representative intends to accept or reject the inheritance on his behalf. So far, there has been a problem with doing this within the time limit specifi ed in Article 1015(1) of the Civil Code due to the need to obtain prior consent of the guardianship court. The article shows how attempts were made to solve this problem in case law and doctrine, and discusses and assesses the solution provided by the amendment to the Civil Code of July 28, 2023.
Journal: Przegląd Prawa i Administracji
- Issue Year: 135/2023
- Issue No: 1
- Page Range: 195-207
- Page Count: 13
- Language: Polish
