Conducted in terms: 2023Z, 2024Z

Erasmus code: 10.0

ISCED code: 0421

ECTS credits: 6

Language: Polish

Organized by: Faculty of Law and Administration

Family and Succession Law 2200-1K001S

https://kampus-student2.ckc.uw.edu.pl

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 relationships, civil and religious marriage.

8. Entering into marriage.

9. Annulment of marriage.

10. Termination of marriage – the death of a 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 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 the 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 succession.

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 testament,

h) interpretation of testament,

10. Testamentary dispositions:

a) appointment of an 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 a succession of agricultural farms and undertakings.

18. Civil proceedings in cases within the subject matter and scope of the law of succession.

Term 2023Z:

Family Law
The same issues are dealt with during lecture and classes. They are supposed to present legal instruments regulated by Polish Family Law: their genesis, regulations, and functions as well as similar instruments applied in foreign legal systems.

The following issues are supposed to be dealt with in details:
1. Family law as a part of civil (private) law: its features and scope of regulation.
2. Basic family law terminology.
3. History of Polish family law and its current sources.
4. Conflict of laws
5. The principles of family law.
6. Civil status. Civil status rights and their protection.
7. Marriage: notion, informal domestic partnerships. Civil and religious marriage.
8. Creation of marriage.
9. Annulment of marriage
10. Termination of marriage – the death of a wife or husband, declaration of death, divorce. Separation.
11. Matrimonial property regimes.
12. Maternity and Paternity. Blood and DNA Tests. Establishment and disestablishment of maternity.
13. Paternity: martial paternity, disprovement of paternity, acknowledgement of paternity, court establishment of paternity. Establishment and disestablishment maternity.
14. The name of the child. The parent and child relationship. Child custody and visitation
15. Adoption
16. Child support and alimony.
17. Guardianship and curatorship
18. Elements of civil law procedure in family law matters. Family and Guardianship Court.

Law of Succession (Inheritance Law):

The same issues are dealt with during lecture and classes. They are supposed to present legal instruments regulated by Polish succession law: their genesis, regulations, and functions as well as similar instruments applied in foreign legal systems.

The following issues are supposed to be dealt with in details:
1. Law of succession as a part of civil (private) law: its features and scope of regulation.
2. Succession law terminology.
3. History of Polish succession law and its current sources.
4. Theory of succession law: different models applied in different legal systems.
5. Succession law: conflict of laws issues and intertemporal aspects.
6. Principles of succession law.
7. The deceased’s estate: meaning, composition, and appointment to inherit. Capacity to inherit.
8. Intestacy.
9. Testacy and will:
a) different ways of disposing of property in case of death,
b) will as a juridical act,
c) capacity to execute a will,
d) forms of a will,
e) invalidity of a will,
f) revocation of a will,
g) opening of a will,
h) interpretation (construction) of a will;
10. Testamentary dispositions (the content of a will):
a) appointment of a successor (an heir),
b) disinheritance,
c) legacy,
d) instruction,
e) appointment of an executor;
11. Contracts: to make a will, concerning inheritance, and regarding a deceased’s estate.
12. Acceptance and renunciation of the estate – ways and results.
13. Protection of succession.
14. Liability for debts of the estate.
15. Protection of a deceased’s closest relatives (legitim).
16. The estate – co-ownership of successors (heirs), division, and disposition.
17. Inheritance of agricultural farms and enterprises.
18. Elements of probate proceedings.

Prerequisites (description)

Knowledge of basic concepts and institutions of civil law, which are the subject of the preceding courses of civil law, such as general part of civil law, property law, and the law of obligations is required.

Course coordinators

Maciej Kaliński
Konrad Osajda
Jacek Wierciński

Type of course

obligatory courses

Mode

Classroom

Learning outcomes

After completing the course students have knowledge of basic concepts and institutions of family law and the 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

The exam covers the scope of family law and the law of inheritance. A student shall be able to present specific legal institutions, possess knowledge regarding basic legal constructions and ability to present 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. M. Andrzejewski, T. Smyczyński, Prawo rodzinne i opiekuńcze, Warszawa 2020

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 2020
2. J. St. Piątowski, B. Kordasiewicz, Prawo spadkowe. Zarys wykładu, , Warszawa 2011
3. J. Gwiazdomorski, Prawo spadkowe, Warszawa 1959
4. P. Księżak, Prawo spadkowe, Warszawa 2017

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

Term 2023Z:

Family Law
Basic literature:
1. J. Ignatowicz, M. Nazar, Prawo rodzinne, Warszawa 2016
2. M. Andrzejewski, T. Smyczyński, Prawo rodzinne i opiekuńcze, Warszawa 2020

Additional literature:
1. System Prawa Prywatnego, t. 11, red. T. Smyczyński, Warszawa 2014
2. System Prawa Prywatnego, t. 12, red. T. Smyczyński, Warszawa 2011
3. System Prawa Rodzinnego i Opiekuńczego, red. J. St. Piątowski, Ossolineum 1985
4. Commentaries to the Family and Guardianship Code
5. Additional literature pointed during classes

Law of Succession (Inheritance Law):
Basic literature:
1. E. Skowrońska-Bocian, Prawo spadkowe [Law of succession], Warszawa 2020
2. J. St. Piątowski, B. Kordasiewicz, Prawo spadkowe. Zarys wykładu [Law of Succession. Introduction], Warszawa 2011
3. J. Gwiazdomorski, Prawo spadkowe, Warszawa 1990
3. P. Księżak, Prawo spadkowe, Warszawa 2017

Additional literature:
1. System Prawa Prywatnego [System of Private Law], t. 10, red. B. Kordasiewicz, Warszawa 2015
2. System Prawa cywilnego [System of Civil Law], t. IV, red. J. St. Piątowski, Ossolineum 1986
3. J. Gwiazdomorski, Prawo spadkowe [Law of Succession], Warszawa 1959
4. Komentarze do kodeksu cywilnego [Commentaries to the Civil Code]
5. Literatura dodatkowa polecana na zajęciach [Additional literature pointed during classes]

Notes

Term 2023Z:

none

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 2200-1K001S in USOSweb