Court allows full compensation claim by sole surviving heir of a Stalinist-era political prisoner. The court rejected the 1/3 share limitation and awarded the full amount. The court ruled that the sole surviving heir within the statutory circle is entitled to the entire compensation sum that would have belonged to the deceased political prisoner had they lived until the judgment date. The court applied the Act on Invalidating Sentences against Repressed Persons and the Civil Code to determine the heir's right to the full compensation. The court awarded the full compensation amount to the sole surviving heir, rejecting the argument for a pro-rata share based on other deceased relatives. The court held that the sole surviving heir within the statutory circle is entitled to the entire compensation sum. The court awarded the full compensation amount to the sole surviving heir, rejecting the argument for a pro-rata share based on other deceased relatives. The court held that the sole surviving heir within the statutory circle is entitled to the entire compensation sum. The court awarded the full compensation amount to the sole surviving heir, rejecting the argument for a pro-rata share based on other deceased relatives. The court held that the sole surviving heir within the statutory circle is entitled to the entire compensation sum.
Poland (PL)
Legislator summary
AI generatedThe court granted the plaintiff's claim for full compensation, awarding 610,000 PLN to the sole surviving heir of a political prisoner. The plaintiff argued that as the only remaining heir, they should receive the entire sum, while the defendant contended that the statutory limit of one-third should apply because other relatives died before the judgment. The court rejected the defendant's argument, ruling that the sole surviving heir is entitled to the full compensation that would have been awarded to the deceased if they had lived until the judgment date.
Legislator headnote
AI generatedUstawa z dnia 23 lutego 1991 r. o uznaniu za nieważne orzeczeń wydanych wobec osób represjonowanych; Kodeks cywilny art. 932 § 4: The sole surviving heir within the statutory circle is entitled to the entire compensation sum that would have belonged to the deceased political prisoner had they lived until the judgment date.