Abstract

In the gloss to resolution of 14 October 2011 (III CZP 49/11) the author expresses full approval of Supreme Court opinion formulated pursuant to art. 932 § 4 of the Civil Code that if one of testator’s parents did not survive until the opening of the inheritance, their share in the estate is inherited in equal parts by testator’s full and half siblings. The rightness of Supreme Court opinion is supported by the arguments of linguistic, systemic, functional and historical interpretation outlined in the gloss.