Przypadek hrabiego Orgaza - w jakich granicach czasowych można projektować przyszłość po swojej śmierci?

Abstract

The aim of the article is to determine the temporal boundaries within which one can shape the legal situation of others after one's death. The starting point for these considerations is the case of Count Orgaz, who, in the 14th century, issued a perpetual disposition of benefits in favor of the Parish of St. Thomas in Toledo. The study examines the institution of condition, the 'legatum per damnationem', payments of benefits from family foundations, and 'inter vivos' contracts whose full effectiveness is linked to the death of the party. The research supports the conclusion that when planning for the future after one's death, one can only make dispositions that are binding within a limited temporal scope. The legal system protects both the freedom to dispose of property in the event of death and the freedom of heirs to acquire and maintain property. An exceptional regulation provides the Act on Family Foundations dated January 26, 2023. It creates a basis for establishing a family foundation for the purpose of accumulating assets, managing them in the interest of beneficiaries, and providing benefits on their behalf. As long as the family foundation exists, payments of benefits can be made in accordance with the will of the founder.