Abstract

In its Art. 35, Regulation No. 650/2012 on succession contains a public policy clause. The problem is admissibility of its application by Polish courts in a situation where the law applicable to a succession case would be Polish law and the testator was in a same-sex marriage. The article defends a thesis that this is unacceptable, because this situation does not meet the prerequisites for the application of the norm from Art. 35 of Succession Regulation No. 650/2012.