Zapis zwykły i zapis windykacyjny w polskim prawie
Ordinary bequest and specific bequest in Polish law
Author(s): Anna KledyńskaSubject(s): Civil Law, Roman law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: ordinary bequest; inheritance bequest; legatee; obligation; inheritance claim;
Summary/Abstract: The purpose of this paper is to present and characterize the institutions of simplebequest and legacy bequest in Polish legal regulation. Both of these constructionsserve to transfer certain rights after the death of the testator in favor of a designatedperson, known as a legatee. Thus, although the purpose of both types of legacies is similar, the manner in which they are implemented is completely different. The legalnature and effects of the two constructions analyzed are also different, which in turndetermines the legal position of legatees. The paper will also analyze issues relatedto the transfer of ownership of the bequeathed rights to the legatees. Both construc-tions undoubtedly increase the scope of freedom of disposition of property on death,diversifying the catalog of measures that can be applied, depending on the will of theperson making the bequest.
Journal: Kortowski Przegląd Prawniczy
- Issue Year: 2024
- Issue No: 4
- Page Range: 53-65
- Page Count: 13
- Language: Polish