Civil Law II part B

obligatory courses

Knowledge of basic concepts and institutions of civil law, which are the subject of the preceding courses of civil law, such as general part of civil law, property law, and the law of obligations is required.

Classroom

Family law is one of five traditionally distinguished areas of civil law. It governs civil law family-related issues such as pecuniary and non-pecuniary aspects of marriage, consanguinity, affinity, care and guardianship. The lecture is to explain basic concepts of family law, including in particular: entering into marriage, nullity, divorce, separation, matrimonial property regimes, establishing and denial of paternity and maternity, the relationship between parents and children, adoption, maintenance obligation, care and guardianship.

Law of succession (law of inheritance) as a part of civil (private) law regulates legal consequences of a person’s decease. The aim of this course is to explain succession law terminology (for example estate, will, legacy), the mechanism of transfer of property in case of death, and rights and obligations of heirs (successors, beneficiaries)

Family Law:

Both lecture and classes have the same subject matter. It is to present the institutions of Polish family law, including their origins, comparative analysis, methods of regulation and their functions.

Course structure:

1. Family law as a part of civil law (family law as a branch of civil law - the characteristics and its subject matter).

2. Basic concepts of family law.

3. History of the Polish family law and its contemporary sources.

4. Family law conflict of laws and intertemporal rules.

5. Basic principles of family law.

6. Marital status. Public Registry Records Law and protection of marital status.

7. Marriage – concept, informal reltionships, civil and religious marriage.

8. Entering into marriage.

9. Annulment of marriage.

10. Termination of marriage – death of spouse, declaring a person dead, divorce, separation.

11. Matrimonial Property Regimes.

12. Affiliation of the child (1). Maternity and paternity. Biological proofs. Establishment and denial of maternity.

13. Affiliation of the child (2). Mother’s husband child, denial of paternity, acknowledgement of paternity, declaring acknowledgement of paternity ineffective, judicial determination of paternity.

14. Child’s name. Parental responsibilities. Children’s responsibilities. Parental authority. Personal contact with a child.

15. Adoption.

16. Maintenance obligation.

17. Care and Guardianship.

18. Civil proceedings in family and guardianship matters. Family courts and courts of protection.

Law of inheritance:

Both lecture and classes have the same subject matter. It is to present the institutions of Polish law of inheritance, including their origins, comparative analysis, methods of regulation and their functions

Course structure:

1. Law of inheritance as a part of civil law (law of inheritance as a branch of civil law - the characteristics and its subject matter).

2. Basic concepts of law of inheritance.

3. History of the Polish law of inheritance and its contemporary sources.

4. The theoretical basis of inheritance law - the law of succession models (transfer of property mortis causa) in different legal systems, methods of regulation.

5. Law of inheritance – conflict of laws and intertemporal rules.

6. Basic principles of the law of inheritance.

7. The inheritance – the concept, composition, the inheritance entitlement, the ability to inherit.

8. Statutory succesion.

9. Testament:

a) ways to transfer property in case of death,

b) testament as a juridical act,

c) Testamentary capacity,

d) form of testament,

e) invalidity of a testament,

f) revocation of a testament,

g) opening and announcement of testaent,

h) interpretation of testament,

10. Testamentary dispositions:

a) appointment of heir,

b) disinheritance,

c) legacy,

d) instruction,

e) appointment of the executor of the testament

11. Contracts concerning inheritance.

12. Acquisition of inheritance – types and effects. Rejection of inheritance.

13. Protection of inheritance.

14. Liability for estate debts.

15. Protection of testator’s closest relatives - legitimate portion.

16. Community of estate and division of the estate.

17. Specific provisions on succession of agricultural farms and undertakings.

18. Civil proceedings in cases within the subject-matter and scope of the law of succession.

Family Law

Basic literature:

1. J. Ignatowicz, M. Nazar, Prawo rodzinne, Warszawa 2016

2. T. Smyczyński, Prawo rodzinne i opiekuńcze, Warszawa 2018

Supplementary literature:

1. System Prawa Prywatnego. Tom 11, pod red. T. Smyczyńskiego, Warszawa 2014, wyd. C. H. Beck.

2. System Prawa Prywatnego. Tom 12, pod red. T. Smyczyńskiego, Warszawa 2011, wyd. C. H. Beck.

3. System prawa rodzinnego i opiekuńczego, pod red. J. St. Piątowskiego, Wrocław-Warszawa, wyd. Ossolineum, 1985.

4. Commentaries to the Family and Guardianship Code

Law of Succession:

Basic literature:

1. E. Skowrońska-Bocian, Prawo spadkowe, Warszawa 2018

2. J. St. Piątowski, B. Kordasiewicz, Prawo spadkowe. Zarys wykładu, , Warszawa 2011

3. J. Gwiazdomorski, Prawo spadkowe, Warszawa 1959

Supplementary literature:

1. System Prawa Prywatnego. Tom 10, pod red. B. Kordasiewicza, Warszawa 2015

2. System Prawa Cywilnego, Tom IV, pod red. J. St. Piątowskiego, Wrocław-Warszawa, wyd. Ossolineum 1986

3. Commentaries to the Civil Code

After completing the course students have knowledge of basic concepts and institutions of family law and law of inheritance. They are able to analyze normative acts related to the subject of the course with reference to the doctrine and jurisprudence.

Examination requirements: The exam is oral and covers the scope of family law and law of inheritance. A student shall be able to present specific legal institutions, possess knowledge regarding basic legal constructions and an ability of presenting them by means of theoretical description, including opinions expressed by doctrine and jurisprudence, as well as by resolving specific factual situations (case studies).

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