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  1. 1 Kuropatwiński J.

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Użytkowanie wierzytelności na zabezpieczenie

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Kuropatwiński J.
Rejent
|
2022
|
issue 4 (372)
25-43
EN
The usufruct of receivable combines the advantages of the assignment by way of security and the pledge on receivable while eliminating the shortcomings of said securities. A holder of the usufruct does not acquire the right to carry out actions that dispose a receivable, and the usufruct, as a limited property right, can be conferred on more than one beneficiary (user), where in such a case, the provisions concerning the priority of limited property rights are applicable. Simultaneously, the satisfaction of the usufructuary of receivable has not been restricted by the provisions for judicial enforcement procedure. In this article the Author settles various juridical controversies regarding the usufruct of receivable. He presents the justification as to why the receivables that produce profits only potentially as well as the receivables which do not produce profits at all, can both also serve as an object of the usufruct. The Author also justifies the argument according to which the usufructurary of receivable is independently entitled to receive an object of a performance made by the debtor of the encumbered receivable. The holder of the usufruct of receivable acquires ownership of the object of the interest performance and the pecuniary performance, in the latter case however, by way of the irregular deposit. In other instances, the performance of an obligation causes the acquisition of the object of this performance by the creditor, but at the same time grants the user the usufruct of it (real subrogation). The juridical analysis of the usufruct of receivable by way of security has led the Author to distinguish several legal relations: the obligation contract, with performing of which takes place the establishment of the usufruct of receivable, the legal relation from which arises the receivable secured by the usufruct, the contract on establishing collaterals, and pactum fiduciae.
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