Civil Law II part B 2200-1A155
Family Law:
Both lecture and classes have the same subject matter. It is to present the institutions of Polish family law, including their origins, comparative analysis, methods of regulation and their functions.
Course structure:
1. Family law as a part of civil law (family law as a branch of civil law - the characteristics and its subject matter).
2. Basic concepts of family law.
3. History of the Polish family law and its contemporary sources.
4. Family law conflict of laws and intertemporal rules.
5. Basic principles of family law.
6. Marital status. Public Registry Records Law and protection of marital status.
7. Marriage – concept, informal reltionships, civil and religious marriage.
8. Entering into marriage.
9. Annulment of marriage.
10. Termination of marriage – death of spouse, declaring a person dead, divorce, separation.
11. Matrimonial Property Regimes.
12. Affiliation of the child (1). Maternity and paternity. Biological proofs. Establishment and denial of maternity.
13. Affiliation of the child (2). Mother’s husband child, denial of paternity, acknowledgement of paternity, declaring acknowledgement of paternity ineffective, judicial determination of paternity.
14. Child’s name. Parental responsibilities. Children’s responsibilities. Parental authority. Personal contact with a child.
15. Adoption.
16. Maintenance obligation.
17. Care and Guardianship.
18. Civil proceedings in family and guardianship matters. Family courts and courts of protection.
Law of inheritance:
Both lecture and classes have the same subject matter. It is to present the institutions of Polish law of inheritance, including their origins, comparative analysis, methods of regulation and their functions
Course structure:
1. Law of inheritance as a part of civil law (law of inheritance as a branch of civil law - the characteristics and its subject matter).
2. Basic concepts of law of inheritance.
3. History of the Polish law of inheritance and its contemporary sources.
4. The theoretical basis of inheritance law - the law of succession models (transfer of property mortis causa) in different legal systems, methods of regulation.
5. Law of inheritance – conflict of laws and intertemporal rules.
6. Basic principles of the law of inheritance.
7. The inheritance – the concept, composition, the inheritance entitlement, the ability to inherit.
8. Statutory succesion.
9. Testament:
a) ways to transfer property in case of death,
b) testament as a juridical act,
c) Testamentary capacity,
d) form of testament,
e) invalidity of a testament,
f) revocation of a testament,
g) opening and announcement of testaent,
h) interpretation of testament,
10. Testamentary dispositions:
a) appointment of heir,
b) disinheritance,
c) legacy,
d) instruction,
e) appointment of the executor of the testament
11. Contracts concerning inheritance.
12. Acquisition of inheritance – types and effects. Rejection of inheritance.
13. Protection of inheritance.
14. Liability for estate debts.
15. Protection of testator’s closest relatives - legitimate portion.
16. Community of estate and division of the estate.
17. Specific provisions on succession of agricultural farms and undertakings.
18. Civil proceedings in cases within the subject-matter and scope of the law of succession.
Type of course
Mode
Prerequisites (description)
Learning outcomes
After completing the course students have knowledge of basic concepts and institutions of family law and law of inheritance. They are able to analyze normative acts related to the subject of the course with reference to the doctrine and jurisprudence.
Assessment criteria
Examination requirements: The exam is oral and covers the scope of family law and law of inheritance. A student shall be able to present specific legal institutions, possess knowledge regarding basic legal constructions and an ability of presenting them by means of theoretical description, including opinions expressed by doctrine and jurisprudence, as well as by resolving specific factual situations (case studies).
Practical placement
none
Bibliography
Family Law
Basic literature:
1. J. Ignatowicz, M. Nazar, Prawo rodzinne, Warszawa 2016
2. T. Smyczyński, Prawo rodzinne i opiekuńcze, Warszawa 2018
Supplementary literature:
1. System Prawa Prywatnego. Tom 11, pod red. T. Smyczyńskiego, Warszawa 2014, wyd. C. H. Beck.
2. System Prawa Prywatnego. Tom 12, pod red. T. Smyczyńskiego, Warszawa 2011, wyd. C. H. Beck.
3. System prawa rodzinnego i opiekuńczego, pod red. J. St. Piątowskiego, Wrocław-Warszawa, wyd. Ossolineum, 1985.
4. Commentaries to the Family and Guardianship Code
Law of Succession:
Basic literature:
1. E. Skowrońska-Bocian, Prawo spadkowe, Warszawa 2018
2. J. St. Piątowski, B. Kordasiewicz, Prawo spadkowe. Zarys wykładu, , Warszawa 2011
3. J. Gwiazdomorski, Prawo spadkowe, Warszawa 1959
Supplementary literature:
1. System Prawa Prywatnego. Tom 10, pod red. B. Kordasiewicza, Warszawa 2015
2. System Prawa Cywilnego, Tom IV, pod red. J. St. Piątowskiego, Wrocław-Warszawa, wyd. Ossolineum 1986
3. Commentaries to the Civil Code
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: