liability

Remedies in the case of death

Article 446 of the Polish Civil Code (CC) provides for specific remedies in a situation where personal injuries lead to the death of a person. This provision does not apply in all cases of personal injuries, but only when death is a result of a bodily injury or a health disorder. The death can occur immediately, or as a result of further complications from the injury over time. Article 446 CC does not constitute a form of tort itself, but it provides specific remediesif all the prerequisites of a particular liability, specified in whichever provision is applicable in that case, are fulfilled. The scope of remedies available in the case of death is specified in separate sections of Article 446 and depends on the pecuniary (§ 1 – 3) or non-pecuniary (§ 4) status of the damage.

Posted on 13/07/2016 by Nina Baranowska in Contract Law

Liability of Legatees of Specific Bequests for Estate Debts under the Polish Law of Succession

The Act Amending the Civil Code and Several Other Acts of 18 March 2011 (Dz.U. No 85, item 458) introduced the construction of a specific bequest to Polish law. This institution – based on the Roman law concept of legatum per vindicationem – was not regulated in the Civil Code of the Republic of Poland of 23 April 1964 (the Polish Civil Code, CC) nor in the Decree of 8 October 1946 – the Law of Succession (Dz.U. No 60, item 328 as amended), due to the fact that the Polish Codification Commission decided to give stronger protection to creditors of the deceased than to legatees. The Polish legislator, when deciding to introduce the construction of a specific bequest into the Civil Code, also passed on the opportunity to explicitly regulate deathbed donations (donatio mortis causa) or the testamentary division of the inheritance.

Posted on 18/05/2014 by Witold Borysiak in Inheritance