Monitor Prawniczy

no. 4/2015

Enforceability of a legacy in a notarially confirmed will from before 23 October 2011 upon the opening of the inheritance under the regulations introducing special bequests

Józef Kremis
Sędzia Naczelnego Sądu Administracyjnego.
Abstract

The regulations introducing special bequests to the Civil Code have not been provided with intertemporal provisions. Hence the problem whether the new regulations are to be applied to special bequests drawn only after the amendment went into force, or also to this type of legacies prepared prior to that date if the inheritance was opened after that date. In the commented resolution the Supreme Court did not exclude the latter possibility, which has been criticized by the author.