According to Article 1028 of the Civil Code, if a person who has obtained a declaration of inheritance or a certificate of succession, but is not an heir, disposes of a right belonging to the estate to a third party, the person to whom the disposal is made acquires the right or is released from the obligation, unless they act in bad faith.
This is an exception to the rule dating back to Roman times that one cannot transfer more rights to another person than one possesses (nemo plus iuris transferre potest quam ipse habet). In its decision of February 28, 2025 (I CSK 4517/23), the Supreme Court stated that Article Article 1028 of the Civil Code, which is an exception to the principle of nemo plus iuris transferre potest quam ipse habet, does not exclude the possibility that the disposal of a right belonging to the estate by a purported heir, who has a declaration of acquisition of the estate, may be invalid or otherwise defective.
However, these are grounds for invalidity (defectiveness) of a legal act that do not undermine the protective function of the regulation in question, and therefore do not involve the lack of authority on the part of the transferor or the method by which the transferor obtained the decision on the declaration of acquisition of the estate, which also applies to the use of a false (forged) will (see the justification for the resolution of a seven-judge panel of the Supreme Court of July 25, 2019, III CZP 12/19, OSNC 2020, No. 3, item 28).