21. ANALYSIS OF IMPLEMENTATION OF THE ACT ON TRANSFORMATION OF RIGHT OF PERPETUAL USUFRUCT INTO PROPERTY OWNERSHIP TITLE
Perpetual usufruct is a right in rem between ownership right and limited property right. It was introduced into the Polish law by the Act of July 14, 1961 on land management in cities and residential areas. This right was established in the period when the principle of a uniform, indivisible national property fund was in force and it was conceived as a kind of a substitute for ownership. At the time, it was not possible to acquire state-owned lands. Establishing the right of perpetual usufruct was the only legal form allowing non-state entities to carry out construction investments on public land. Thus, after the change of the political system, Poland saw the possibility of transforming this right into ownership title. The currently binding Act of July 29, 2005 on transformation of the right of perpetual usufruct into property ownership title has been amended several times. This research paper analyzes the subjective and objective amendments to the content of the Act as well as the jurisdiction of the Constitutional Tribunal. The structure of the land let for perpetual usufruct in Poland as well as quantitative changes since the current Act on transformation of the right of perpetual usufruct into property ownership title became legally binding, were also examined. Then, the Authors focused on two provincial cities - Kielce and Krakow. The scope of transformation of the right of perpetual usufruct into property ownership title was analyzed, with particular attention paid to the number of applications submitted and decisions issued, as well as the relevant proceeds for the City budget.
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- AuthorTeresa Front-Dąbrowska et al.
- AffiliationKielce University of Technology
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