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Służebności fotowoltaiczne w prawie polskim z odniesieniami komparatystycznymi

100%
Bieranowski A.
Rejent
|
2021
|
issue 12 (368)
9-68
EN
The purpose of this Article was to verify the different types of easement from the point of view of suitability for photovoltaic investment. The above analysis has shown that the easement of transmission cannot be established for the location of photovoltaic panels. With regard to barriers than German or Swiss law. To begin with, the catalogue of rights in rem in Polish law is very limited. Polish law does not include building right. Secondly, unlike in Swiss law, the regulation of easement in Polish law is not adjusted to the needs of a modern economy. Those weaknesses manifest themselves primarily in the non-transferability of personal easements (quoad ius) and the narrowing down of the subject matter scope of personal easements (only natural persons are entitled to personal easements). However, in light of art. 393 of CC (§ 328 of BGB) there are no barriers when a person declares that they will establish personal easement for the benefit of a third party, also under the suspending condition (e.g. expiry of the hitherto valid easement). The third person does not have to be marked immediately. Similar to German law (§ 1019 of BGB), the usefulness of appurtenant easements in protecting the photovoltaic investment definitely reduces the necessity of carrying out the premise of usefulness for benefiting property (utilitas).
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Power balancing of photovoltaic microinstallations in households

84%
Soliński B., Soliński B.
Zeszyty Naukowe Instytutu Gospodarki Surowcami Mineralnymi Polskiej Akademii Nauk
|
2018
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