Inheritance affidavit in written form ? the discussion related to the means of evidence of hearing and oath

Abstract

The subject matter of the paper are issues related to the qualification of inheritance affidavit ? as a means of evidence ? in the context of changes introduced by the Act of 4 July 2019 amending the Act - Code of Civil Procedure and certain other acts. This will apply in particular to new Article 271¹ of the Code of Civil Procedure. Pursuant to mentioned regulation, a witness may give his/her testimony in writing under the conditions specified therein. The question arises as to the scope of the latter regulation, in particular whether it covers e.g. the evidence from the parties testimony and the inheritance affidavit. The analysis of these issues will be carried out using historical and comparative legal interpretation (in specific regarding to the German and French Law legal systems).