Author: Paweł Księżak Title: Podstawowe problemy zapisu

Author: Paweł Księżak Title: Podstawowe problemy zapisu

Author: Paweł Księżak
Title: Podstawowe problemy zapisu windykacyjnego. (The fundamental aspects of the
legatum per vindicationem)
Source: Kwartalnik Prawa Prywatnego („Quarterly of Private Law”)
year: 2011, vol: XIX, number 4, pages: 1043–1091
Keywords: prawo spadkowe, dziedziczenie, testament, zapis windykacyjny, zapis,
zapisobierca, zachowek
succession law, succession, will, legatum per vindicationem, legacy, legatee, compulsory
portion
Discipline: Law (Private Law)
Language: POLISH
Document type: ARTICLE
Publication order reference: Uniwersytet Łódzki, Wydział Prawa i Administracji
Abstract:
With the passing of a new law on 18 March, 2011 (taking effect on 23 October, 2011),
regulations concerning the legatum per vindicationem were introduced into the Polish Civil
Code (alongside existing regulations concerning the legacy, which only results in an
obligation). The legatum per vindicationem can only be established in a notarial will. The
object of such legacy may be a thing indicated as to its identity, a transferable property right,
an enterprise or an arable farm, as well as establishing the right of use or easement to the
benefit of the legatee. At the moment of opening the succession, the object of the legacy is
acquired by the legatee. The object of the legatum per vindicationem does not become part of
the succession. If at the moment of opening the succession the object of the legacy does not
belong to the testator, or the testator was obliged to dispose of it, the legatum per
vindicationem is void. Any term clause or condition clause made while establishing the
legatum per vindicationem is considered as non-existent.
Such legatee is liable jointly with the heirs for the payment of inherited debts. When
calculating the compulsory portion, the value of the legata per vindicationem is added to that
of the succession. The legatee is only liable for the compulsory portion when the eligible
party is unable to obtain it from the heirs.
The legatee may accept or reject the legatum per vindicationem under the same conditions as
the heir. The procedure for documenting the acquisition of the legatum per vindicationem is
identical to that concerning the acquisition of the succession by the heirs.
Despite a number of reservations concerning particulars, this amendment to the Civil Code
ought to be seen in a positive light since it broadens testamentary freedom and is in keeping
with the legal sense of the average testator.