Glosa częściowo krytyczna do uchwały Sądu Najwyższego z dnia 17 marca 2017 r. (III CZP 110/16)

Abstract

The Supreme Court in the judgment of 17 March 2017, Ref. No. III CZP 110/16, ruled that it is permissible to enter into an agreement to renounce a legal portion in Polish civil law. Until now, it was unacceptable. The Supreme Court ruled that since the inheritance can be renounced, all the more so a legal portion can be renounced. The purpose of this article is to evaluate the above resolution of the Supreme Court. The author intends to compare the judgment of the Supreme Court with the views of the representatives of the doctrine of Polish judicial law and the previous case-law.