Real Rights and Ownership Regulations in Property Law
Explore the intricacies of real rights and ownership regulations in property law, including co-ownership, usufruct, servitudes, and more as specified in the Polish Family and Guardianship Code. Learn about different forms of ownership, obligations, and divisions of possession in shared property. Discover the legal framework surrounding perpetual usufruct, mortgages, and establishment of ownership rights to premises.
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Presentation Transcript
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
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
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).
Predial servitude - immovables a) a) inferior 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 inferior property ( property (servient servient estate) estate) superior property (dominant estate)
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
