O poszukiwaniu prawa właściwego dla testamentów wspólnych w polskim prawie prywatnym międzynarodowym
Determination of the applicable law to joint will in polish private international law

Summary/Abstract: The article contains an analysis of the conflict‑of‑law problem of joint will from the perspective of private international law applied by polish courts. Due to the recent amendment of the conflict‑of‑law rules applicable to inheritance matters caused by the application of Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012, considerations are made both against the background of the former and current legal status, taking into account the intertemporal aspects. The substantive law of inheritance of individual states presents a different approach to the issue of the acceptability of a joint will. Therefore, proper determination of the law applicable to its assessment takes on a significant practical meaning. An introduction to the principal considerations is the analysis of sources of international private law applied by Polish courts in relation to inheritance matters. Further considerations were devoted to the law applicable to joint will according to the Act of 4 February 2011 — Private international law and the Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012. The issue of the admissibility of drawing up a joint will (as belonging to the scope of form) was delimited from issues related to its revocation and the consequences of distributions contained in such a testament. Attention was also paid to the qualification of certain forms of the joint will as agreement as to succesion within the meaning of the the Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012.

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