PROBLEM WITH PERMIT FOR REJECTION OF DROP

Last p. Kalina asked to comment on the previous entry in a very interesting question, what happens if the family court will issue a permit for the rejection of inheritance by a minor child after the deadline for submitting such a statement. Unfortunately, the legislature did not foresee such a situation, and there is no conclusive provisions of this problem. It is not a rare situation, if we take into account the pace of processing of civil cases. It may then happen that the same provision to permit the rejection of the decline will be issued on time, but will come into force after the deadline to make a statement. What then? Really - is not known. In any case, I (and as is clear from the commentary p. Kalinaunder the previous entry not just me) I'm not one hundred percent sure how to solve this issue. From my conversations with the judges that it depends on the judge, on which it will go. One finds that if the parents brought the matter to obtain a permit for the rejection of decline in time, is thus expressed their willingness to waive the succession and zmieścili on time, but the same statement made later. However, you can not have happiness and hit the formalist judge who considers that the statement after a final court decision, which took place after the deadline, is outdated and ineffective. Not to say that the solution "on whom falls on the bang" satisfied me as a lawyer. I find two solutions to this problem, no, unfortunately not perfect and does not guarantee one hundred percent success.

It seems to me that the safest way in case the deadline for reasons attributable to the administration of justice, a statement on the repeal of the legal consequences of failure to submit a statement to reject the fall with a statement rejecting the fall, and then applied to the court for approval of that set aside by the court (I know that sounds terribly complicated, but otherwise it is impossible to call it). The second solution (in my opinion less secure): the analogy should be applied to the interruption of the limitation period and say that the application for a permit to reject the decline is the act tending directly to the rejection of the inheritance. Then, after a final court decision, parents would have six months to make a statement rejecting the decline in the child's behalf.

Due to the fact that they do not know how the court will treat any delay in making the statement, I think that although the first version (the declaration of revocation of the legal consequences of failure to submit a statement to reject the fall with a statement of rejection decrease) the deadline for submitting such a statement is one year from the date of detection of error (in this case it seems to me that the start date is validation of the order), it is safer to make such a statement within a period of six months. This time limit is consistent within at the second concept, so it seems safer to me, because with a statement on the repeal of the legal consequences of failure to submit a statement to reject the drop, it is necessary to make a statement at the same time rejecting the decline.

I reserve right away that it was just my suggestions to solve the problem. Please do not treat these ideas as iron argument on the estate. We are happy to poznam other ideas to solve this problem.