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Posiadanie służebności przesyłu

100%
Zalewski M.
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)
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2013
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vol. 60
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issue 1
EN
A utility easement was introduced into the Civil Code by virtue of the act of 30 April 2008amending the Civil Code and some other laws (Journal of Laws 2008, No. 116, item 731). It is recognisedas a type of easement that is separate from an easement appurtenant or easement in gross,the aim of which is to increase the utility of a utility service. A utility easement falls under the categoryof affirmative easements (involving the use of encumbered real estate). Thus, the provisions ofArticle 352 of the Civil Code, which regulate the holding of an easement, will apply here. Due to theregulations on an easement appurtenant (Article 3054 of the Civil Code) applying to a utility easement,part of observations made in the present article may also apply to an easement appurtenant.The article discusses the question of the capacity to hold a utility easement. It is assumed thata holder of a utility easement right may be an entrepreneur whose main activity involves the supplyor removal of fluids, or electric energy gases (the so-called utility entrepreneur). What a utilityeasement is considered to involve is the installment and exploitation of utility appliances situated onanother person’s real estate.In conclusion, a thesis is made that due to the specific features of possession of a utility easement,it may be recognised as a form separate from autonomous possession or dependent possessionmentioned in Article 336 of the Civil Code (in a similar manner part of the doctrine qualifies thetenure of perpetual usufruct).
PL
Artykuł nie zawiera abstraktu w języku polskim
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Liability for Failure to Ensure Security in Civil Law

100%
Zalewski M.
Teka Komisji Prawniczej
|
2024
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vol. 17
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issue 2
593-607
EN
Pursuant to Article 5 of the Constitution of the Republic of Poland, the Polish State is obliged, among other things, to safeguard security for its citizens. Therefore, the public authorities are required to undertake actions aimed at keeping the state of non-threat, allowing the citizens to pursue their interests. A question arises about the effect of failure to perform these obligations. This paper seeks to assess the effect of failure to safeguard security in the civil-law sphere. In particular, the paper discusses the concept of security, delineates the circle of entities burdened with security obligations and indicates the legal regime and conditions for liability for damages for failure to safeguard security. The article also provides an analysis of admissibility of approaching the sense of security as a personal right.
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