Ownership and other real rights

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

Co-Ownership 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 in marriage Community of property 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).

Easements – subordinate real right Predial servitude - immovables 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

Entry in mortgage books (land register) 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