Glosa do wyroku Sądu Apelacyjnego w Szczecinie z dnia 22 maja 2013 roku (I ACa 134/13)

Abstract

According to the article 49 § 2 of the Civil Code, a person who incurred construction costs of installations and who is their owner, may demand that an entrepreneur who connected installations to his own network, acquires their ownership against an adequate remuneration. Character and content of this claim raise a lot of concerns. Court of Appeal in Szczecin passed a judgement on the 22nd of May 2013 in which stated thatmentioned above claim does not have an unconditional character. However the Court of Appeal has not explained what does mean a term “unconditional”. This paper describes the point of view presented by the Court of Appeal with a comment. 

Keywords

• installations of transmission
• acquisition
• principles of community coexistence