PL EN


2016 | 4(52) | 245–277
Article title

Projekt stanowiska Sejmu w sprawie o sygn. akt P 10/16

Content
Title variants
EN
Sejm draft position on case ref. no. P 10/16 concerning the Civil Code
Languages of publication
PL
Abstracts
EN
In the presented project of a position, the author claims that indicated provisions of the Civil Code, in part which enabled acquisition of a land servitude of similar nature to a transmission servitude through usucaption, before articles 3051–3054 of the Civil Code entered into force, in situation when an administrative decision restricting rights of the owner of the land is non-compatible with provisions of the Constitution. Constitutional protection of the right of ownership requires every restriction of that right to fulfill certain obligations. From a constitutional standpoint, an institution of land servitude is a restriction of the right of ownership. In analyzed case the basis for the restriction provided in an act is of primary importance. The author does not agree with the Supreme Court that the analyzed provisions regulate land servitude. In her opinion, the provisions cannot serve as a basis for a land servitude as an autonomous right (a transmission servitude), and in consequence cannot serve as a basis for a restriction of constitutional right of ownership. According to the author, the analyzed regulation also does not fulfill the criterion of necessity.
Year
Issue
Pages
245–277
Physical description
Contributors
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-d86c3b7b-6b9c-4e30-b3b3-77fc60291c09
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