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 Since 2004 Adam has been using the land property, which is owned by Brian in such a way that he has arranged a pay parking.  Brian filed against him.

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Presentation on theme: " Since 2004 Adam has been using the land property, which is owned by Brian in such a way that he has arranged a pay parking.  Brian filed against him."— Presentation transcript:

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2  Since 2004 Adam has been using the land property, which is owned by Brian in such a way that he has arranged a pay parking.  Brian filed against him a claim for payment of  10 000 PLN as remuneration for use of the property, indicating that Adam had no legal title to use the property, and therefore remained in bad faith.  Adam called for the dismissal of the action indicating that he has always been in good faith. He says he did not know about Biran’s identity and had no opportunity to determine who owns the property (and Adam proved that he had made numerous attempts to make this determination). The immovable had no land register created and Brian reported to him with a request to pay just before the Brian’s action was submitted to the court. 

3  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

4  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

5  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).

6  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

7  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


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