 Ownership,  Ownership of independent premises  Co-Ownership  Perpetual usufruct („co-usufruct”) – defined purpose and limited in time  Limited real.

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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, 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) 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

 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