Zachowek w prawie polskim – rozważania de lege ferenda

Abstract

The intense changes in society, which led to the appearance of new forms of family formation at the turn of the 20th and 21st century found its reflection in the legal systems of most European countries. Not only was the formalization of personal relationships intensified also the need to adapt other formal solutions to keep up with the changing reality was noticed. For Poland the breakthrough in the formation of new socio-demographic trends appeared at the beginning of the nineties of the last century. Family and succession law are strongly related and there is a strong interplay between these branches of law. In this paper I try to find the answer to the question of whether the changes in family structure, function and formation that has appeared during the last decades justifies changing the system of the legitimate portion in Poland, one of the most important legal instruments in succession law.