Published: 2009-12-31

Testamentary bequest in conflict law

Jacek Górecki

Abstract

The article analyzes the issue of testamentary legacy in private international law. It focuses on the conflict between the law of succession and the law of property regarding the property law effects of vindication legacy, especially when the object of the legacy is located in Poland. The admissibility of different legacy constructions (obligational and vindication) in various legal systems is presented. The inclusion of testamentary legacy within the scope of the law of succession and exceptions to this rule are discussed. The author analyzes different doctrinal views on distinguishing the competence of the law of succession and the law of property for assessing the effects of vindication legacy. The conclusion indicates the exclusive competence of the law of succession for assessing the property law effects of vindication legacy under Polish conflict of laws rules. The article also touches upon the issue of national jurisdiction in inheritance cases involving foreigners.

Download files

Citation rules

Górecki, J. (2009). Testamentary bequest in conflict law. Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 5, 131–145. https://doi.org/10.31261/PPPM.2009.05.07

Cited by / Share

Licence

Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.


The Copyright Owners of the submitted texts grant the Reader the right to use the pdf documents under the provisions of the Creative Commons 4.0 International License: Attribution-Share-Alike (CC BY-SA). The user can copy and redistribute the material in any medium or format and remix, transform, and build upon the material for any purpose.

1. License

The University of Silesia Press provides immediate open access to journal’s content under the Creative Commons BY-SA 4.0 license (http://creativecommons.org/licenses/by-sa/4.0/). Authors who publish with this journal retain all copyrights and agree to the terms of the above-mentioned CC BY-SA 4.0 license.

2. Author’s Warranties

The author warrants that the article is original, written by stated author/s, has not been published before, contains no unlawful statements, does not infringe the rights of others, is subject to copyright that is vested exclusively in the author and free of any third party rights, and that any necessary written permissions to quote from other sources have been obtained by the author/s.

If the article contains illustrative material (drawings, photos, graphs, maps), the author declares that the said works are of his authorship, they do not infringe the rights of the third party (including personal rights, i.a. the authorization to reproduce physical likeness) and the author holds exclusive proprietary copyrights. The author publishes the above works as part of the article under the licence "Creative Commons Attribution-ShareAlike 4.0 International".

ATTENTION! When the legal situation of the illustrative material has not been determined and the necessary consent has not been granted by the proprietary copyrights holders, the submitted material will not be accepted for editorial process. At the same time the author takes full responsibility for providing false data (this also regards covering the costs incurred by the University of Silesia Press and financial claims of the third party).

3. User Rights

Under the CC BY-SA 4.0 license, the users are free to share (copy, distribute and transmit the contribution) and adapt (remix, transform, and build upon the material) the article for any purpose, provided they attribute the contribution in the manner specified by the author or licensor.

4. Co-Authorship

If the article was prepared jointly with other authors, the signatory of this form warrants that he/she has been authorized by all co-authors to sign this agreement on their behalf, and agrees to inform his/her co-authors of the terms of this agreement.

I hereby declare that in the event of withdrawal of the text from the publishing process or submitting it to another publisher without agreement from the editorial office, I agree to cover all costs incurred by the University of Silesia in connection with my application.

Domyślna okładka

Vol. 5 (2009)
Published: 2009-12-31


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

Licence CC Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.