Ownership and
other real rights
Ownership,
Ownership of independent premises
Co-Ownership
Perpetual usufruct („co-usufruct”) – defined
purpose and limited in time
Limited real rights
General regulations 244 – 251 CC
Usufruct
Easements – servitudes
Pleadge
Mortgage
Cooperative ownership rights to premises
Real rights
One thing is indivisibly owned by several persons
Franctional co-ownership (shared ownership):
shares are presumed to be equal
shares are free disposable
Possesion may be divided by an agreement between co- owners
◦ Joint co-ownership – marriage and civil partnership
◦ Undivided ownership during the time of marriage
Co-Ownership
The Polish Family and Guardianship Code, came into force on January 1, 1965.
The Code is divided into three parts (titles), the first of which concerns matrimonial matters of marriage.
The first title, is divided into five parts (sections) which are:
I) entering a marriage
II) the rights and duties of the spouses
III) matrimonial property relations – community of property
IV) the termination of a marriage
V) separation (this was introduced in 1999).
Co-ownership in marriage
Community of property
Predial servitude - immovables
a) inferior property (servient estate) the owner is oblige toccertain duties:
- to refrain from exercising his rights (negative servitude)
- to suffer certain activities to be done to his property by entitled person
(positive servitude)
b) superior property (dominant estate) – owener is the entitled person
Easements – subordinate real
right
Obligatory in every case of real rights
Essential (constitutive effects) to
◦ Perpetual usufruct is established or transfered
◦ Mortgage is established or transfered
◦ Ownership of premises is established
