Wyłączenie małżonka od dziedziczenia ustawowego (art. 940 k.c.)

Abstract

The author analyses various issues connected with the situation where a surviving spouse is excluded from intestate succession by a court's decision rendered on application of any of the remaining statutory heirs appoonted to the inheritance concurrently with the surviving spouse. The author formulates several proposals de lege ferenda. Among them attention should be paid to the interpretation according to which the term „exclusion from inheritance" should be construed as referring also to the deprivation of obligatoryportion of the inheritance (legitim). Apart from substantive law issues, the author analyses many procedural questions connected with the application of Art. 940 of the Civil Code.