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Papers by Mariusz Zalucki

Dykinson eBooks, Dec 31, 2018

Kwartalnik Prawa Prywatnego, 2012

Oxford University Press eBooks, Mar 17, 2022

This chapter converses that Poland has a civil law system, and that succession law follows the ty... more This chapter converses that Poland has a civil law system, and that succession law follows the typical features of the system. On the subject of wills, it reports that the basic principle of the Polish succession law is that one inherits a share in the estate, rather than the specific items that the latter consists of. A will may be made and revoked only by a person who has full capacity for legal acts. In the context of intestacy, the chapter explains that the order of statutory succession is determined by family ties (blood ties, marriage, adoption). It then presents the five classes of statutory heir: Heirs of the First Order, Heirs of the Second Order, Heirs of the Third Order, Heirs of the Fourth Order, Heirs of the Fifth Order. This chapter ultimately highlights that Polish law follows the model of universal succession. It emphasizes the nationality of the deceased, either at the time of death or at the time of the execution of a will, is significant in relation to the application of provisions on the conflict of laws.

Dykinson eBooks, Apr 3, 2020

Social Science Research Network, 2020

A will is a traditional instrument for disposing of property in the event of death. Model solutio... more A will is a traditional instrument for disposing of property in the event of death. Model solutions of this kind date back to Roman times, which survived thousands of years and are still, in a slightly modified form, in the legal regulations of individual states. However, recent years have been a period of intensive development of new technologies. Against this background, the question arises as to whether or not instruments linked to new technologies can be used by testators to dispose of their property in the event of death, and whether or not there is a need to do so, and whether inheritance law based on Roman tradition fulfils its role. This has become the subject of research in which the author tries to demonstrate the need to adapt the testamentary formalities to the requirements of modern times. The aim of the study is to present the challenges posed by technological possibilities in the area of wills and to consider whether the legislators should take into account technological changes and related social needs in the inheritance law. In this connection, the author describes the issues that took place in selected countries which concerned the preparation of wills using technological benefits and, contrary to the current requirements as to the form of preparation of wills, presents how individual legislators coped with the emerging problems in this area. In his dogmatic and comparative legal analysis, he tries to answer the question of the need to adapt the formal requirements accompanying the drafting of wills to the technological requirements.

Social Science Research Network, 2023

European review of private law, 2019

Prawo i Podatki Unii Europejskiej w Praktyce, 2005

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2021

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2021

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2021

Praca recenzowana / peer-reviewed pape

Oficyna Wydawnicza AFM, 2015

of doctorate. In the opinion of authors, his observations of the civil law are very interesting, ... more of doctorate. In the opinion of authors, his observations of the civil law are very interesting, and could be valuable for the current debate.

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2021

The future of administration of justice is an issue increasingly often discussed in the literatur... more The future of administration of justice is an issue increasingly often discussed in the literature. Representatives of the doctrine wonder about the greater use of new technologies in the judiciary, so as to, among other things, shorten the waiting time for a case to be decided by the court. Changes taking into account the wider use of new technologies are indispensable. Such a future has already been foreseen in the literature. The author reviews selected reported and functioning ideas, presents how the judicial field has changed recently and reflects on possible future solutions. The result of his observations is a conclusion about the need to discuss the future of justice on a broad, global scale.

The provisions on the form of a will are a group of those legal solutions which are generally imp... more The provisions on the form of a will are a group of those legal solutions which are generally imperative in a given system. In many cases, the range of solutions that a potential testator may choose is traditional and does not take into account the needs of society, especially in the world of new technologies. Failure to comply with the provisions on the form of a will traditionally leads to the invalidity of the will. In the text, the author presents the basic models related to this and wonders about the possible direction of evolution of the regulations in this area.

Dykinson eBooks, Dec 31, 2018

Kwartalnik Prawa Prywatnego, 2012

Oxford University Press eBooks, Mar 17, 2022

This chapter converses that Poland has a civil law system, and that succession law follows the ty... more This chapter converses that Poland has a civil law system, and that succession law follows the typical features of the system. On the subject of wills, it reports that the basic principle of the Polish succession law is that one inherits a share in the estate, rather than the specific items that the latter consists of. A will may be made and revoked only by a person who has full capacity for legal acts. In the context of intestacy, the chapter explains that the order of statutory succession is determined by family ties (blood ties, marriage, adoption). It then presents the five classes of statutory heir: Heirs of the First Order, Heirs of the Second Order, Heirs of the Third Order, Heirs of the Fourth Order, Heirs of the Fifth Order. This chapter ultimately highlights that Polish law follows the model of universal succession. It emphasizes the nationality of the deceased, either at the time of death or at the time of the execution of a will, is significant in relation to the application of provisions on the conflict of laws.

Dykinson eBooks, Apr 3, 2020

Social Science Research Network, 2020

A will is a traditional instrument for disposing of property in the event of death. Model solutio... more A will is a traditional instrument for disposing of property in the event of death. Model solutions of this kind date back to Roman times, which survived thousands of years and are still, in a slightly modified form, in the legal regulations of individual states. However, recent years have been a period of intensive development of new technologies. Against this background, the question arises as to whether or not instruments linked to new technologies can be used by testators to dispose of their property in the event of death, and whether or not there is a need to do so, and whether inheritance law based on Roman tradition fulfils its role. This has become the subject of research in which the author tries to demonstrate the need to adapt the testamentary formalities to the requirements of modern times. The aim of the study is to present the challenges posed by technological possibilities in the area of wills and to consider whether the legislators should take into account technological changes and related social needs in the inheritance law. In this connection, the author describes the issues that took place in selected countries which concerned the preparation of wills using technological benefits and, contrary to the current requirements as to the form of preparation of wills, presents how individual legislators coped with the emerging problems in this area. In his dogmatic and comparative legal analysis, he tries to answer the question of the need to adapt the formal requirements accompanying the drafting of wills to the technological requirements.

Social Science Research Network, 2023

European review of private law, 2019

Prawo i Podatki Unii Europejskiej w Praktyce, 2005

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2021

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2021

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2021

Praca recenzowana / peer-reviewed pape

Oficyna Wydawnicza AFM, 2015

of doctorate. In the opinion of authors, his observations of the civil law are very interesting, ... more of doctorate. In the opinion of authors, his observations of the civil law are very interesting, and could be valuable for the current debate.

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2021

The future of administration of justice is an issue increasingly often discussed in the literatur... more The future of administration of justice is an issue increasingly often discussed in the literature. Representatives of the doctrine wonder about the greater use of new technologies in the judiciary, so as to, among other things, shorten the waiting time for a case to be decided by the court. Changes taking into account the wider use of new technologies are indispensable. Such a future has already been foreseen in the literature. The author reviews selected reported and functioning ideas, presents how the judicial field has changed recently and reflects on possible future solutions. The result of his observations is a conclusion about the need to discuss the future of justice on a broad, global scale.

The provisions on the form of a will are a group of those legal solutions which are generally imp... more The provisions on the form of a will are a group of those legal solutions which are generally imperative in a given system. In many cases, the range of solutions that a potential testator may choose is traditional and does not take into account the needs of society, especially in the world of new technologies. Failure to comply with the provisions on the form of a will traditionally leads to the invalidity of the will. In the text, the author presents the basic models related to this and wonders about the possible direction of evolution of the regulations in this area.

The need to write this book has arisen in connection with author's recent conviction that a commo... more The need to write this book has arisen in connection with author's recent conviction that a common European inheritance law in any form (in particular within the European Union) would be highly desirable. Undoubtedly, inheritance law today belongs to the areas of private law, which in recent times, especially in Central and Eastern Europe, have been gaining importance. The solutions so far considered as stable are undergoing transformations associated with many dynamic changes in the social relations caused by an increase in the importance of private property, higher migration rates, and/or other factors that raise the value of assets. This is the perfect time to look at the current trends of development in the law and consider whether, in the individual countries making up the European economic area, any common denominators enabling the possible harmonization of inheritance law in Europe have come into existence.