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Problem posiadania samoistnego w kontekście zasiadywania udziałów we współwłasności nieruchomości przez współwłaściciela

100%
Faron A.
Rejent
|
2023
|
issue 8 (388)
11-31
EN
This article deals with the issue of spontaneous possession in the context of the seizure of a share in co-ownership of real estate. The purpose of the work is to answer the question of whether the seizure of a share in co-ownership is possible in the current state of the law, and what role the premise of spontaneous possession plays in this process. In particular, the paper addresses the problem of the admissibility of the seizure of shares in co-ownership of real estate, the issues of the seizure of a share in co-ownership of real estate under German law, analyzes the institutions of spontaneous possession as a prerequisite for seizure, and whether a co-owner can be a spontaneous possessor, as well as the institutions of legal presumption under Article 339 of civil code and the institutions of quoad usum in the context of the seizure of shares. The study of the issue was carried out on the basis of the dogmatic method, in addition, the scientific literature on the subject and the case law of the Supreme Court were used. The result of the conducted research is a partial negative answer to the question posed in the research hypothesis.
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