Prawo dziedziczenia w świetle postanowień Konstytucji RP – zarys instytucji

Abstract

The right of inheritance and its protection are institutions guaranteed in the binding Constitution of the Republic of Poland, hence it must be recognized that they remain one of the foundations of the system and legal order of the Polish state. In the provisions of the Constitution, one can find clear indication that the Polish state is obliged to protect not only the right to property but also the right of inheritance. This article examines the various aspects of these rights. It points to the guarantee of “equal rights for all” provisioned by further regulation, and to the convincing way in which the Constitution stresses the importance of the right to inheritance and presents a clear direction of interpretation of the provisions related to it. It then goes on to discuss the challenges involved in interpreting what is meant by the “law of inheritance”, the difficulties that arise in determining the scope of protection it affords and the setting of limits on the legislator’s interference in the freedom of individuals to dispose of their estate.