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ISSUES IN CIVIL LAW AND CIVIL PROCEDURE

Vol. 120 (2020): Założenie racjonalnego prawodawcy w polskim porządku prawnym. Księga Jubileuszowa z okazji siedemdziesięciopięciolecia Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

The legal situation of a child of a deceased person in the context of rights under inheritance law (analysis and assessment of normative solutions adopted by the Polish legislator)

DOI
https://doi.org/10.19195/0137-1134.120.81
Submitted
July 1, 2020
Published
2020-07-01

Abstract

The article refers to the legal situation of a child of a deceased person in the context of rights under inheritance law. It encompasses the analysis and assessment of normative solutions adopted in this area by the Polish legislator. The starting point for the considerations is the position of the child of the deceased person as an entity belonging to the first group of statutory heirs. It is shown its privileged position in this area, as well as theoretical justifications for this legal solution. It has also been shown that the position of the child of the deceased person is favourably shaped in a number of special provisions too, which means that he will receive certain property rights also in a way other than through inheritance. The considerations carried out in the article lead to the conclusion that the property interests of the child in the event of the death of his parent are adequately protected by Polish inheritance law.