Inheritance of possessions in Polish civil law

Bibliogr. s. 155-158

The main subject of this article is an attempt to determine the issue of inheritance of possession in Polish civil law. The author analyzes arguments presented in literature and jurisprudence justifying inheritance of possession. In the doctrine, an opinion was formulated that inheritance of possession depends on resolving a dispute whether it is a subjective right or an actual state. These opinions are not uniform. Most authors accept that possession may be transferred via inheritance even if we classify it as an actual state. In this case, the justification for the inheritance of possession is sought elsewhere. The only provision of the Civil Code which indirectly concerns the succession of possession is Article 176 § 2. According to the part of the doctrine, this provision speaks for the succession of possession. According to the others, the inheritance of possession is supported by its important role in society. After analyzing various opinions, the author presents his proposal for resolving the problem of inheritance of possession.