On the Future of Contracts of Succession in the Polish Law of Succession

Abstract

The author discusses the future of contracts of succession in the Polish law of succession. De lege lata, in its Article 1047, the Civil Code prohibits the entering into contracts of succession with the exception of contract of waiver of succession. Considering the ongoing work of the Codification Committee for Civil Law aimed to draw up a new code, the purpose of introducing such contracts as a third – next to a will and the law – title to succeed seems worthy of consideration. The author expresses the view that with regard to the succession titles the existing solution contained in Article 926 § 1 of the Civil Code should be maintained. Consequently, he advocates against the introduction of contracts of succession into Polish law.