Przeglądaj wg Słowo kluczowe "unworthiness to inherit"

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    Wpływ prawomocnego skazania na wyrok sądu w sprawie o niegodność dziedziczenia. Glosa do wyroku Sądu Apelacyjnego w Katowicach z dnia 21 stycznia 2019 r., I ACa 576/12
    (Oficyna Wydawnicza AFM, 2019) Partyk, Aleksandra
    In the commentary I deal with the issue of the impact of a non-appealable verdict held in criminal proceedings for the crime of deceased’s abuse on the procedure concerning the unworthiness of inheritance. In reality of the case, such a conviction was passed to the testator’s wife, who was attributed physical and psychological abuse against her husband. Th e court of appeal in a case concerning the unworthiness of inheritance of the deceased, bound by the decision of the criminal court, found that the defendant (the wife of the testator) committed a serious crime against him. Given that the crime of abuse can only be committed intentionally, the court took the view that the claim of the unworthiness of inheritance deserved to be taken into account. In my opinion, the judgment of the Court of Appeal was correct. It is also to be welcomed that the court of the second instance decided to suspend proceedings until the criminal court delivered a judgment in a case of deceased’s abuse. After a conviction, the court of appeal correctly decided to take proceedings and gave a ruling on the merits of the case. Consequently, the court changed the contested judgment dismissing the claim and ruled that the defendant’s succession to the deceased was unworthy. Th is was the right decision to make from the point of view of procedural economics.