https://doi.org/10.31261/PPPM.2011.09.01
Polish Private International Law Act of 4th of February, 2011 permitted in article 64 paragraph 1 the choice of law for the matters concerning the succession. According to this article the testator in the testament or in other disposition in contemplation of death is able to choose for the matters of succession the national law or the law of the state in which the place of residence is situated or the law of the state in which the place of ordinary stay (habitual residence) is situated in the moment when the legal act is performed or in the moment of the death. When the testator has the citizenship of two or more states he is able to choose one of the national law. The same solution should be applied to the situation of the multiple place of residence or the multiple place of ordinary stay (habitual residence). The testator can name the law that he chooses (for example he can define that he chooses the law of Switzerland) but he can also only determine the criterion that will be decisive for the law that will govern (for example he can define that he chooses the law of the state in which the place of his ordinary stay is situated in the moment when the choice of law is made). If the testator named the law that he chooses, the effectiveness of his choice of law depends on the fulfilment of the requirements provided in article 64 paragraph 1. The choice of national law from the moment when the choice of law was made is effective also when the testator in the moment death was not the citizen of the state. There is no need to consider separately the issue of the form of the choice of law because of the fact that the choice law can be made only in the testament or in other disposition in contemplation of death. It is sufficient to fulfil the requirements for the form of the testament or for other disposition in contemplation of death in which the choice of law clause was placed. The applicable law for the form of the testament determines the Hague Convention of 1961 (the article 66 of the Act of 2011 reminds that). According to article 66 paragraph 2 of Act of 2011 the Hague Convention of 1961 should be applied also during the determining the applicable law for the dispositions in contemplation of death other than the testament. According to polish law there is lack of special protection for the entitlements of réserve héreditaire or legitim.The choice of other law than the national law of the moment of the death, which would be applicable in the situation of no choice of law according to article 64 paragraph 2 of the Act of 2011, can decrease or annihilate the abovementioned entitlements.
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Vol. 9 (2011)
Published: 2011-12-31
10.31261/PPGOS
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
English
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