1. Ownership and other real rights

2. 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

3. 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

4. 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).

5. 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

6. 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