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Claim of co-owner for reimbursement of expenses associated with common property

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Borowicz A.

Studia Prawnicze

2011

issue 1(187)

95-123

This study is devoted to the analysis of the legal basis, the premises and the content of mutual claims of co-owners for reimbursement of expenses associated with common property, as it is regulated in Polish law. The author presents the view according to which in Polish law the above mentioned obligation of co-owner is a special case of the general duty to reverse unjust enrichment, based on Article 405 of the Polish Civil Code. This view makes it possible to justify widely shared assumption according to which only these expenses associated with common property should be compensated for which are beneficial to all co-owners. The author also argues that on the basis of the statutory regulations concerning unjust enrichment it is reasonable to differentiate between the claim for reimbursement of necessary expenses associated with common property and the claim for compensation of improvements made by co-owner.

Roszczenie współwłaściciela o wynagrodzenie za nieuprawnione korzystanie z rzeczy wspólnej przez innego współwłaściciela

75%

Stelmach B.

Kwartalnik Prawa Prywatnego

2016

vol. 25

issue 2

309-355

The article concerns problems related to Art. 224 § 2 and 225 of the Civil Code applied in relations between co-owners. So far, studies have focused primarily on the very essence of the claim - its admissibility as well as possible its legal basis. In this respect, the views were summed up in the Supreme Court resolution dated 19 March 2013, which strongly argued for the application of Art. 224 § 2 and Art. 225 of the Civil Code. This article is dedicated to the analysis of co-owner claim for remuneration due to unauthorized use of shared movable and immovable property committed by another co-owner. The main part of the paper aims to describe the premises of the aforementioned claim. The second important issue concerns the value of the remuneration. The third taken matter is the relation between the claim for remuneration and the vindication claim. Finally, I hope that this article shall cause substantial discussion of this topic.

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1 Kwartalnik Prawa Prywatnego

1 Studia Prawnicze

1 Borowicz A.

1 Stelmach B.

1 2016

1 2011

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Claim of co-owner for reimbursement of expenses associated with common property

Roszczenie współwłaściciela o wynagrodzenie za nieuprawnione korzystanie z rzeczy wspólnej przez innego współwłaściciela