Saatja: Marek Domagala <
[email protected]>
Saaja: Info
Teema: Request from The Polish Constitutional Court
Dear Sir/Madam,
The Constitutional Tribunal is examining a case pertaining to the admissibility of limiting the circle of persons who are eligible to inherit a claim for the legitimate portion (case ref. no. SK 16/18). The ‘legitimate portion’ is understood in the Polish legal system as the right of certain members of the closest family of the testator, who have not been included in the will, to demand to be paid a specified amount by an heir, as provided by law. When an eligible person does not receive his/her ‘legitimate portion’, this person has a claim for the said portion. Should s/he die before the claim is satisfied, the claim is then inherited by his/her heir only when the said heir is also among persons who may be entitled to the legitimate portion after the death of the above-mentioned testator (Art. 1002 of the Polish Civil Code).
The judges of the Tribunal who are examining the above-mentioned case are interested in matters related to the possibility of inheriting a claim for the legitimate portion in the legal system of your Country. For this reason, I am writing to you with the kind request for information on the following issues, based on your Country’s legal system and the case law of your Court:
1. Does your Country’s legal system provide for:
(a) the legal institution of the ‘legitimate portion’ (or an equivalent one, e.g. a forced portion, a legitime, a reserved portion, an indefeasible portion, or the like);
(b) a claim for the legitimate portion (or an equivalent one);
(c) the possibility of inheriting the aforementioned claim by the heirs of a person entitled to the legitimate portion, or an equivalent one, when the eligible person dies before receiving the said portion?
2. Are there any restrictions on the possibility of inheriting a claim for the legitimate portion (or an equivalent one)? If so, what are they? And in particular: how is the circle of eligible heirs limited when it comes to inheriting a claim for the said portion?
3. Is there any case law of your Court, or other highest courts in your Country, as regards the admissibility of limiting the circle of persons who are eligible to inherit a claim for the legitimate portion (or an equivalent one)? If so, please provide information on such case law.
We would be most grateful if we could receive your replies to the above questions within 30 days.
Yours sincerely,
Dr Marek Domagała
The Department of Jurisprudence Research and Legal Analyses
The Office of the Legal Service
The Polish Constitutional Tribunal
Al. Jana Christiana Szucha 12A,
00-918 Warsaw, Poland