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Functioning and legal regulations of perpetual usufruct right in Poland in relation to similar rights in other countries of the European Union
Abstract
1 May 2004, Poland became part of the European Union, which main aim is the political, economic and social integration of democratic European countries as well as the construction of a common market ensuring of persons, goods, services and capital move freely. The Accession Treaty provides some transitional periods for the adjustment of the right of Member States to the EU regulations. Next year, 12 years after joining the EU, will be abolished restrictions on the acquisition of real property in Poland by citizens and entrepreneurs of the European Economic Area (EEA) and the Swiss Confederation (Confoederatio Helvetica). In addition to the ownership, there is in Poland the so-called perpetual usufruct right, which is an intermediate form between ownership and limited property rights. It allows for long-term use of the land which is not our ownership. Makes it possible to mortgage a property, is transferable and inheritable. The article describes the legal regulations governing the establishment and functioning of the perpetual usufruct, and the conditions under which it is possible to transform it into full ownership. The paper presents a comparison of other similar rights existing in developed market economies inter alia Great Britain, Germany, the Netherlands and Sweden related to long-term lease of land (leasehold). The publication presents the pros and cons of this right, both from the point of view of the perpetual user, as well as the owner and the impact of its use on real estate, spatial planning and economy.
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Details
- Category:
- Conference activity
- Type:
- materiały konferencyjne indeksowane w Web of Science
- Title of issue:
- 15th International Multidisciplinary Scientific Geoconference (SGEM) strony 253 - 260
- Language:
- English
- Publication year:
- 2015
- Bibliographic description:
- Wysocki P..: Functioning and legal regulations of perpetual usufruct right in Poland in relation to similar rights in other countries of the European Union , W: 15th International Multidisciplinary Scientific Geoconference (SGEM), 2015, STEF92 TECHNOLOGY LTD, 1 ANDREY LYAPCHEV BLVD, SOFIA, 1797, BULGARIA,.
- DOI:
- Digital Object Identifier (open in new tab) 10.5593/sgem2015/b22/s9.031
- Verified by:
- Gdańsk University of Technology
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