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I Ns 826/18 AI generated

Court allows inheritance objection filing by confirming a significant error caused the heir's failure to act within the statutory deadline.

Case Number I Ns 826/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court granted a partial request for a retrial, restoring the heir's six-month deadline to formally reject the inheritance. The heir argued that a significant legal error prevented him from filing the required objection within the statutory period, while the opposing insurance company failed to appear. The court ruled that the failure to file was indeed caused by a legally significant mistake regarding the inheritance process, thereby excluding the automatic acceptance of the estate.

Legislator headnote

AI generated

Art. 1019 § 2 k.c.; Art. 84 § 1, 2 k.c.: A significant legal error constitutes a valid ground for an heir to withdraw from the legal consequences of failing to file an inheritance declaration within the statutory deadline, excluding the fiction of simple acceptance.

Keywords

AI generated
inheritance declaration significant legal error statutory deadline withdrawal from consequences heir's mistake retrial procedure civil code provisions

Cited Legislation

AI generated
Art. 1019 § 2 k.c.
Art. 84 § 1 k.c.
Art. 84 § 2 k.c.
Art. 1015 § 2 k.c.
Art. 1019 § 3 k.c.
art. 401 pkt 2 k.p.c
art. 13 § 2 k.p.c
art. 1019 § 2 k.c
art. 1015 § 1 k.c
art.1019 § 3 k.c

Cited Case Law

AI generated
IV CK 799/04
Court held ignorance of estate assets due to lack of diligence is not a material error allowing waiver of acceptance deadline.
AI generated
I Ns 78/18
Court allows heir to cure late inheritance rejection due to significant error regarding debt and inheritance rules.
II Ca 752/14
Court allows appeal against rejection of inheritance due to late renunciation caused by lack of knowledge of death.
II Ca 493/19
Court dismisses late will rejection appeal but voids invalid termination order due to non-starting statute of limitations.
XII Ns 494/15
Court dismissed request to ratify waiver of inheritance rejection due to lack of diligence regarding debt knowledge.

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