Trends in Supreme Court jurisprudence in real property cases in 2020. (Part I). Review

Abstract

The review includes presentation of the theses and motives from the Polish Supreme Court’s jurisprudence of 2021 regarding real estate property law, including in particular the encumbrance and dispositions of real rights (iura in rem). The most important issues concerning the content and performance, the acquisition and loss of ownership of real estates, the current problems concerning the acquisitive prescription of easements (so called transmission servitudes) and the relationship between the ownership rights of buildings or other equipment, as well as the ownership of the premises (flats) being separate real estates and perpetual usufruct (emphyteusis), are presented. The review includes also the new judgments of the Supreme Court concerning the development agreement and relating to the institution of fiduciary ownership.

Keywords

• jurisprudence
• ownership
• perpetual usufruct (emphyteusis)
• acquisitive prescription
• easements
• real estate