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Jeszcze o rozporządzaniu albo o „rozporządzaniu” pomieszczeniem przynależnym do lokalu

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Kućka M.
Rejent
|
2021
|
issue 3 (359)
11-27
EN
The paper covers admissibility and effects of contracts concerning “transfer” of so called adjoining rooms between owners of premises. These kind of rooms are legally considered by Polish legislator as “component parts” of appartments (when the appartments are objects of separate ownership) and therefore may not be transferred (a component part of a thing cannot be a separate object of ownership and other property rights). It is argued that these contracts lead to a change of content of ownership between owners of premises. It is possible because owners have right to modify or affect the object of their ownership (and by doinig this they modify the content of their ownership). These kind of contracts should be concluded in notarial deed and are effective only when the “acquirer” of an adjoining room is entered into land and mortgage register. It is also disputed that a “transfer” of an adjoining room leads to division of the appartment of which the room is a component. Otherwise it would lead to undesirable effects, for instance to creation of a collective mortgage (if the previous appartment from which the room was “separated”, was encumberred with a mortgage).
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