Wykonawca testamentu – zagadnienia materialnoprawne, proceduralne i praktyczne
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Th e article is an analysis of substantive, procedural and practical issues concerning the appointment of an executor of a will and his duties. First, the issues related to the appointment of an executor of a will are discussed, including the possibility of restricting the content of a will to the very appointment of an executor, restrictions as to the person of the executor, and the possibility of appointing several executors whose powers overlap. Th e next part of the article describes problems associated with refusal to act as an executor. Th is is followed by an analysis of the duties and powers of executors, focusing on questions relating to the administration of an inheritance. It also raises the issue concerning the liability of an executor of a will. Th e article then discusses the certifi cates issued to executors. Finally, some practical issues are raised; the problem of overlapping competence of the executor of a will and the attorney, the trustee and the administrator appointed under the provisions of the Family and Guardianship Code, and the executor’s possibility of acting against banks.
Authors and Affiliations
Iwona Rauch
Keywords
Related Articles
- EP ID EP342527
- DOI 10.15290/bsp.2017.22.04.12
- Views 29
- Downloads 0
The Fragility of a Culture of Lawfulness
Th e concept of a culture of lawfulness is appealing for its aspirational and open-ended nature. However, the concept still has to prove itself as a concrete basis for action. Th e article argues that the practical value...
Wykonawca testamentu – zagadnienia materialnoprawne, proceduralne i praktyczne
Th e article is an analysis of substantive, procedural and practical issues concerning the appointment of an executor of a will and his duties. First, the issues related to the appointment of an executor of a will are di...
Osobista styczność z dzieckiem w przypadku spraw o przysposobienie międzynarodowe jako narzędzie chroniące dobro dziecka
Th e Family and Guardianship Code Act of 25 February 1964, in Art 120 § 1, defi nes the privileges of the Court before which a case of adoption is pending. It has the power to set the conditions of personal contact betwe...
Restorative Justice in post-Penitentiary Assistance in Poland. Th e Case of the „Mateusz” Readaptation Centre in Toruń
Th e article discusses social policy as a way to implement restorative justice. Based on the experience of “Mateusz” Reintegration Centre in Toruń, the “Dąbrowski method”, a new approach to people leaving penitentiary in...
Kontrola odwoławcza nieprawomocnego wyroku sądu pierwszej instancji jako gwarancja zasady prawdy materialnej
Th e paper presents the problem of appeal control of an invalid decision by a court of first instance as the guarantee of the principle of truth. The principle of truth is the guiding principle of criminal procedure, whi...