Umowa przekazania nieruchomości – uwagi wstępne
The contract for the transfer of real property - opening remarks
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The article presents general remarks regarding a contract for vesting of property. This form of contract was implemented in the Civil Code by means of alteration which came into force on 11th October 2008. The alteration replaced the possibility of unilateral abandonment of the legal right to one’s property. Firstly, the abandonment of one’s property has been presented as a proprietorship attribute. By contrast, regulations in this field existing in German, Dutch and French law have been shown. Then, regulations existing in Polish law have been presented. It has been pointed out that over the period between the date of repeal of article 179 of the Civil Code by Constitutional Tribunal’s judgment from 15 March 2005 and articles 9021 and 9022 coming into force some legal vacuum occurred as the Civil Code did not regulate this issue at all. Furthermore, a contract for vesting of property as a separate type of nominate contract has been analyzed. The main characteristics of that legal action have been presented. The parties, the subject and the conclusion of the contract mode have been briefly discussed. It has been shown that with reference to this contract the law-maker applies the term ”invitation” which should be understood differently to the term ”offer”. It has been noticed that the owner has no possibility of enforcing the conclusion of the contract on the given commune or State Treasury. It has been stated that a contract for vesting of property is not a donation. It has been emphasized that the owner vesting the property bears no responsibility for its faults. It has been suggested that there is a necessity to conclude a charge-free contract for vesting of property in the form of an authenticated deed. The contract placement in the Civil Code has been shown. Last but not least, the differences between the institution of abandonment of the legal right to one’s property and transferring one’s property have been discussed.
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