Monitor Prawniczy

no. 1/2022

The form of forgiveness by the testator to the person entitled to a legitim after having disinherited them in his will

Adriana Tomczyk
Autorka jest adiunktem na Wydziale Prawa i Administracji Uniwersytetu Szczecińskiego; ORCID: 0000-0002-2467-980X.
Piotr Zielonka
Autor jest doktorantem w Szkole Doktorskiej Uniwersytetu Szczecińskiego; ORCID: 0000-0002-6069-4476.
Abstract

The glossed judgment of the Supreme Court concerns an issue of considerable importance from the point of view of inheritance law, namely the form of forgiveness by the testator to the person entitled to a a legitim after having disinherited them in his will. The gloss is approving as to the substantive decision of the Supreme Court, according to which forgiveness by the testator to the person entitled to a legitim may also take place after their disinheritance in the will and does not require a testamentary form to be effective. On the other hand, critical remarks concern some points of the statement of the grounds to the resolution. An important element of the gloss is an analysis of the civil law structure of forgiveness, taking into account the ethical perspective of the issue.