Uporczywe uchylanie się od wykonywania wobec spadkodawcy obowiązku alimentacyjnego jako przesłanka niegodności dziedziczenia

Abstrakt

The article is devoted to the amendment of the inheritance law consisting of the extension of the catalog of reasons for the unworthiness of inheritance by the persistent failure to perform the maintenance obligation towards the testator. Undoubtedly, the proposed amendment to the inheritance law is justified by the sense of social justice. However, despite the indisputable ethical foundation, there are doubts as to the shape of the possible premise of the unworthiness of inheritance. First of all, persistent evasion of the maintenance obligation would be a premise or the application of two different institutions of civil law (i.e. unworthiness of inheritance and disinheritance). As a consequence, a two-stage mechanism would arise that would make it possible to deprive of financial benefits the heirs who evade the maintenance obligation towards the testator. Moreover, the possible formulation of the requirement of prior and final conviction for the offense of non-alimony has an impact on the assessment of the considered ground of exclusion from the inheritance of an unworthy heir. Considering the above, doubts as to the extension of the unworthiness of inheritance to the heirs persistently evading the maintenance obligation are justified.