Reduction of forced share in judicial proceedings as a result of a dynamic interpretation of civil law

Abstract

The article concerns the issue of reducing forced share, to which the closest members of a de-ceased’s family are entitled. Although there is no explicit legal basis, it was accepted that a court could reduce this share due to specific circumstances related to a forced heir and a successor ap-pointed in a will, particularly with regard to the difficult financial situation of the latter. Recently difficult relations between a forced heir and a testator have also become another reason for using such reduction by courts. In the author’s opinion, the aforementioned tendencies are consequences of social changes, which imply different assessment of forced heirship.