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Commentaries

Vol. 126 (2021)

The charge of abuse of a subjective right and deprivation of the right to a reserved portion. A gloss to the judgment of the Supreme Court of 28 March 2018, V CSK 428/17

  • Piotr Zielonka
DOI
https://doi.org/10.19195/0137-1134.126.24
Submitted
December 22, 2021
Published
2021-12-22

Abstract

The glossed judgment concerns the extremely important issue of the admissibility of applying Art. 5 of the Polish Civil Code to claims for a reserved share, both in terms of measuring its amount, as well as depriving the entitled part of the reserved portion. Although the very decision of the Supreme Court against the background of the facts of the case deserves approval, the thesis of the judgment, according to which it is not permissible to dismiss the claim for a reserved share under Art. 5 of the Polish Civil Code