O prawie własności w okresie przebudowy ustrojowej w Polsce po 1989 r.

Abstract

Although the construction of property law in article 140 of civil law code has not changed, the rules of execution of the property and the function of this basic natural law which is due to human being, have been undergoing gradual change. This law has dynamic character which is dependent not only on the legal system but also on the political, economic and social environment. These three factors affect one another as a rule. Now, as a result of political change and long term privatization processes, individual property has become the base of the political and economical system. In functional terms, property law is not heterogeneous, although it is based on the classical scheme derived from Roman law. For property law, the maintaining of proper proportions between rights and obligations resulting from this law is crucial. In particular, destabilization of property law may result from excessive interference of the state in the execution of this law. In practice, this interference is done mainly through extending different obligations of public and legal nature.