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  • 1. Data: 2004-10-12 14:38:23
    Temat: Legitim in Polish succession law
    Od: "Law" <f...@l...it>

    There is the legitim in the Polish law?
    In Italian law the legitim is that part of an estate over which the testator
    has no power of disposal if there are forced heirs (the children and
    generally the surviving spouse).
    Thank you in advance.



  • 2. Data: 2004-10-12 15:33:55
    Temat: Re: Legitim in Polish succession law
    Od: _ValteR_ <s...@n...thx>

    *Law* wrote in <news:2t28itF1me3niU1@uni-berlin.de> :

    > There is the legitim in the Polish law?
    > In Italian law the legitim is that part of an estate over which the testator
    > has no power of disposal if there are forced heirs (the children and
    > generally the surviving spouse).
    > Thank you in advance.

    As far as I know in Poland testator has nearly no power at all of
    deciding how he wants to divide his possesions. Heirs can easily
    question his will after he's dead.
    I think what you ask for is called in PL "zachowek" (I don't know how
    to translate this).
    Generally when heirs are quarelling inheritance is divided concerning
    value (Court calculates everything and express it as money value, and
    then divide into parts and it takes ca. 7 years - no comments)

    --
    UWAGA!!! Kradnę sygnatury.


  • 3. Data: 2004-10-12 18:01:03
    Temat: Re: Legitim in Polish succession law
    Od: Renata Gołębiowska <R...@a...waw.pl>

    In article <1...@4...net>, _ValteR_ wrote:
    > *Law* wrote in <news:2t28itF1me3niU1@uni-berlin.de> :
    >
    >> There is the legitim in the Polish law?
    >> In Italian law the legitim is that part of an estate over which the testator
    >> has no power of disposal if there are forced heirs (the children and
    >> generally the surviving spouse).
    >> Thank you in advance.
    >
    > As far as I know in Poland testator has nearly no power at all of
    > deciding how he wants to divide his possesions. Heirs can easily
    > question his will after he's dead.
    > I think what you ask for is called in PL "zachowek" (I don't know how
    > to translate this).
    > Generally when heirs are quarelling inheritance is divided concerning
    > value (Court calculates everything and express it as money value, and
    > then divide into parts and it takes ca. 7 years - no comments)


    "Legitim" is a rough equivalent to the Polish term "zachowek".
    However, the details may differ. "Zachowek" means that even if the
    dead bequeathed his/her property to people other than
    his/her children or wife, or siblings (if s/he doesn't have children),
    the wife, the children (or the siblings) may claim a part of his/her
    property. But keep in mind I'm not a lawyer:)

    Renata

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