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Nabycie służebności przesyłu w drodze zasiedzenia

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Sokołowski Ł.
Adam Mickiewicz University Law Review
|
2012
|
vol. 1
35-47
EN
The paper is an attempt to determine the admissibility of acquisition of a transmission easement by virtue of usucaption. It also contains the review and assessment of the main issues, doubts and discrepancies which are present in the doctrine and jurisprudence. The survey also deals with deliberations concerning the possibilities of usucaption of particular ways of using the facilities as referred in the article 49 of The Civil Code prior to the amendments of The Civil Code of 20 May 2008 that introduced a new legal institution of a utility of transmission easement.
2
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Nabycie służebności przesyłu w drodze zasiedzenia

100%
Łukasz S.
Adam Mickiewicz University Law Review
|
2012
|
issue 1
35-47
PL
The paper is an attempt to determine the admissibility of acquisition of a transmission easement by virtue of usucaption. It also contains the review and assessment of the main issues, doubts and discrepancies which are present in the doctrine and jurisprudence. The survey also deals with deliberations concerning the possibilities of usucaption of particular ways of using the facilities as referred in the article 49 of The Civil Code prior to the amendments of The Civil Code of 20 May 2008 that introduced a new legal institution of a utility of transmission easement.
3
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Ground servitude of transmission as a constitutional problem

99%
Chęciński R., Marzec T.
Adam Mickiewicz University Law Review
|
2016
|
vol. 6
193-210
EN
The aim of the study is to analyse the institution of civil law – transmission servitude and its understanding by the Highest Court of the Republic of Poland, shown in the jurisdiction of that Court. The authors study each judgment of the Highest Court, which present the Court’s understanding of that institution. The rulings are subject to constitutional control. The courts of law in Poland issued a couple of legal questions to the Polish Constitutional Tribunal, in which the courts inquired if this understanding of transmission servitude is compatible with the constitution. The authors describe the consequences of the Tribunal’s in the context of the Constitution of Republic of Poland.
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