ZAPIS WINDYKACYJNY - NOWA INSTYTUCJA PRAWA SPADKOWEGO
THE VINDICATION LEGACY - THE NEW LEGAL INSTITUTION IN THE LAW OF SUCCESSION

Summary/Abstract: In this article the author makes the characteristics of the new legal institution in the law of succession, which is a vindication legacy. She indicates the reasons, which lead the legislator to construct and introduce this institution into the legal order.The vindication legacy constitutes the enhancement of the testating freedom which gives the testator the opportunity to decide about the chance of specific assets. The person to whom the vindication legacy has been granted acquires its object when the succession is opened without the necessity to undertake additional actions. The acquisition of such an object based on the vindication legacy, however, will have to be confirmed both in the court order of the confirmation of inheritance, as well as in the act of succession issued by a notary. By conducting a deeper analysis of the institution of a vindication legacy, we can see many positive aspects of this regulation, however, the legislator failed to avoid errors. The liability for the debts of inheritance, which is limited to the value of the object of a vindication legacy, according to the state and prices at the time of opening the succession, has been settled in a manner preferable to the legatee. The matter of much doubt is the legal requirement of the form of a notarial deed, which can cause that this institution will not be used in practice too often. However, we will have to wait for the final revision of this institution.

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