Wpływ czasu na cele i funkcje użytkowania wieczystego

Abstract

Perpetual usufruct is the law characteristic of the socialist system. In Poland, was introduced in 1961, the Law on economic grounds in the towns and settlements. Originally its function was to satisfy the housing needs, representing investors in the form of equipment necessary to allocate land resource construction. Perpetual usufruct could be established only on land which was owned by the State, and only to natural persons and housing cooperatives. Over time, with the changes in the subjective and objective transformations and functions underwent right of perpetual use. Already several years after entry into the Polish legal system perpetual usufruct began to transform into a law whose application was broader than was originally intended to support construction. Currently, the perpetual usufruct can be established for the benefi t of any natural or legal person. The owner of the land is the State Treasury or local government unit. Depending on the entity on whose behalf perpetual usufruct was established, and use of donated land for perpetual usufruct right can meet different objectives. Parties to the agreement set any aim land use cast in perpetual usufruct, are only related to the constraints of the principle of contractual freedom. This is precisely the lack of restrictions on current legislation makes perpetual usufruct can be used on a large scale, is not related to construction. Among legal scholars have pointed out that currently there is a possibility, „the expansion of the” perpetual usufruct. However, it should also be noted attempts to transform the ownership rights, which may speak for abolition perpetual usufruct in future legislation.