Functions of easement (servitude)– de lege lata and de lege ferenda

Abstract

The Polish Civil Code provides for three types of easements (servitude), namely easement in gross (personal servitude), easement appurtenant (predial servitude) and transmission easement (transmission servitude), each with a specific function within the legal system. The first two types of easement have emerged out of Roman law tradition. It should be pointed out that the traditional understanding of the purpose of easement is not sufficient or optimal, considering the changing social and economic realities of today. This would justify a renewed debate as to the purpose of establishing and maintaining particular types of easement on property. Also, easement could see more extensive use in legal practice once its definition is fixed. This paper presents de lege lata conclusions and de lege ferenda postulates, speculating on the most desirable future directions in which the functions of easement could evolve in order to best serve the needs of various civil-law transactions.

Keywords

• functions of easement (functions of servitude)
• easements (servitude)
• personal easement (personal servitude)
• transmission easement (transmission servitude)