University of Warmia and Mazury in Olsztyn
Law and Forensic Science, Volume 16 (2018/2), pages 7-14.
Submitted: October 20, 2018
The author declares there is no conflict of interest.
Abstract: The article discusses the problematic issue of renouncing the right of the legitim. In Poland, there are no legal provisions that directly enable legal successors to renounce the legitim. Some legal experts have attempted to derive the above right from the provisions of Article 1048 of the Civil Code, whereas others have completely ruled out this possibility. The Resolution of the Supreme Court No. III CZP 110/16 of March 17, 2017 plays a significant role in this debate. It provides legal successors with the option of drafting a legally binding document renouncing the right of the legitim. The article analyzes the provisions of the above resolution in view of the most problematic issues, including the legal admissibility of a partial renouncement of the legitim, the possibility of evading the legal consequences of renouncing the legitim, and renouncing the right of the legitim on behalf of another party.
Keywords: legitim, succesion, renunciation