2013 | 60 | 1 |
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Użytkowanie wieczyste w świetle wypowiedzi Profesora Jerzego Ignatowicza

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Artykuł nie zawiera abstraktu w języku polskim
In his critical analysis of the issues of perpetual usufruct, Professor Jerzy Ignatowicz posedthree basic questions in this respect. The first question concerns the purposefulness of maintainingthe perpetual usufruct right or a similar property right in a market economy. Secondly, if theanswer to the first question is positive, the author discusses the purposefulness of replacing the perpetualusufruct right with a similar construction. Thirdly, if it is legitimate to maintain the perpetualusufruct in the Polish system of law, he suggests a discussion on the form of modifying the property right in question, so that it becomes more adapted to the current social and economic conditions thanso far, at the same time indicating a series of questions in this respect, addressed to the legislator.Professor Ignatowicz recognises the need to maintain the right of perpetual usufruct or a similarright. In noticing the drawbacks of the right in question, he stresses the importance of stability in thearea of property law, and consequently opts for maintaining the perpetual usufruct right, yet at thesame time stressing the necessity for its modification.Despite numerous amendments, to a large extent consistent with Professor Ignatowicz’s proposals,the perpetual usufruct right requires a number of changes to adapt this right even more thanso far, to the changed conditions of management, also in the area of fiscal property.The postulated changes aim towards the independence of the perpetual usufruct from administrativelaw regulations, its popularisation, not limiting its function to its otherwise limited aims, theregulation of neighbourly relations between holders of perpetual usufruct and proprietors, the questionof the protection of the perpetual usufruct right, the purposefulness of maintaining the hithertosolutions with regard to the status of buildings and appliances placed on the leased land or the sale ofthe right of perpetual usufruct, including the question of the entry in the land and mortgage registerupon the transfer of perpetual usufruct, and particularly the most delicate issue of the annual fee tobe paid by the holder of perpetual usufruct, or maintaining the statutory right of pre-emption of perpetualusufruct for the benefit of the gmina (municipality). Despite the lapse of time, the proposal tointroduce in the Civil Code the reference to the regulations on the content and exercise of ownershipaccordingly applying to the perpetual usufruct, is still valid.Professor J. Ignatowicz’s approach with regard to perpetual usufruct is a model of conduct ofa scholar who critically examines reality, yet at the same time searching for positive solutions toproblems. Professor supports evolutionary rather than revolutionary changes. Such approaches deserveto be popularised and supported as against the emerging tendencies to shift the legal discoursefrom the substantive level to the ideological one.
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