The paper discusses varying jurisdictions and evolving structures of the law of succession in Poland within last 100 years. It proves that basic notions of the law of succession remain unshaken, because the stability of the private law... more
The paper discusses varying jurisdictions and evolving structures of the law of succession in Poland within last 100 years. It proves that basic notions of the law of succession remain unshaken, because the stability of the private law has been guaranteed in Poland after 1918 by the acceptance of Roman legal tradition. The paper pretends to present practical legal history. The fact is that many cases of succession have been left neglected for decades. Practical legal history is designed to be a useful presentation of the day-by-day changes to anyone in need of instruments for orientation in the law of succession over the previous 100 years. And it is the practical considerations which demand delving back even to times before World War I. The analysis focuses on the legal status at a given place and time: just after 1918, in times of codifications of trade law, obligations or private international law, in the epoch of unification efforts after World War II and under the 1964 Polish civil code that has been amended several times. Because of the many changes to the Polish law of succession and the multitude of jurisdictions as well as variety of legal traditions, the example of evolution of Polish legislation on successions seems useful and instructive to everyone interested in the evolution of private law in Europe.
The paper presents an evolution of the law of succession in Poland since 1918. Five specific areas of regulation are examined: entitlement to succession, acquisition of the inheritance, intestate succession, legitim and reserved portion,... more
The paper presents an evolution of the law of succession in Poland since 1918. Five specific areas of regulation are examined: entitlement to succession, acquisition of the inheritance, intestate succession, legitim and reserved portion, and liability for inheritance debts. The constancy of succession regulations was not obvious as there were five jurisdictions in private law 100 years ago in Poland. The unification of 1946 and the codification of 1964 kept what Polish legal practice and doctrine accepted from the European tradition of private law. The tradition based on Roman law was not recognized in Poland before it was partitioned in 1795. Roman law appeared in Poland with the code of Napoleon brought by his armies to the Duchy of Warsaw in 1808, and with codes of Austria, Russia and Germany. The three empires divided Poland between themselves for the long 19th century. After gaining independence in 1918, Poland accepted the European legal tradition of private law as its own. It happened not by one act, but by the silent acceptance of private law that remained in force after the partition. Changes of notions, values, institutions or regulations in the Polish law of succession were kept limited for the last 100 years, as the stability of private law was guaranteed by the acceptance of Roman legal tradition.
