Granice uwzględniania woli testatora z zaburzeniami psychicznymi w polskim prawie spadkowym
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Th e article describes the borders of acknowledgement of the actual will of a mentally defi cient testator under Polish inheritance law, which is an issue of vital importance in an ageing society. Th is is done by analysis of those institutions of the inheritance law, the application of which demands examination of the testator’s will assumed to be the fundament of this branch of law. By examining the legal premises of testation ability, defects of the statement of will and interpretation of the testament, as well as the practical problems connected therewith, there is an adjustment of those institutions to the specifi city of the inheritance law shown together with its further protection of the testator’s will in comparison with the general rules of civil law protecting participants of the legal turnover. It is, however, also shown that still far-reaching limitations of the acknowledgement of a testator’s will, especially one with the mental defi ciency, lead to a lack of legal protection of the actual and doubtless testator’s will. Th is is why the legal solutions acknowledging it to a greater extent are briefl y described.
Authors and Affiliations
Wojciech Bańczyk
Keywords
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- EP ID EP342051
- DOI 10.15290/bsp.2017.22.04.11
- Views 59
- Downloads 0
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