Analiza skutków zawarcia umowy przekazania w nieodpłatne użytkowanie przez gminę nieruchomości spółce wodnej oraz wpływu na prawa właścicielskie i skutki majątkowe dla obu podmiotów
Analysis of the consequences of concluding an agreement for the transfer of real estate by a municipality to a water company for use free of charge and of the impact on ownership rights and property consequences for both entities

Summary/Abstract: The implementation of public tasks may be entrusted by local municipalities to specific entities, which include water companies. These entities are often established on the initiative of local government units which, by becoming members of water companies, aim to ensure that the tasks they carry out are fulfilled and, for the benefit of the general public, take all steps to equip those entities with the necessary fixed assets. The functioning of water companies is not given much space in the doctrine, especially in the context of the acquisition of property rights and mutual relations between the municipality and the water company. Water companies created on the basis of the Water Law Act, of which local government units are often members, are mistakenly treated by their creators, members and beneficiaries as equal to budgetary establishments carrying out obligatory tasks for the residents. Misinterpretation of the legal conditions of a water company can lead to the implementation of legal ac- tions that cause irreversible property consequences for both parties. At this point it is worthwhile to analyze the effects of a legal action consisting in the transfer of real estate by a municipality for free use to a water law company. The doctrine devotes relatively little space to explaining the phenomena related to the performance by water law companies of tasks commissioned by local governments units and the legal problems arising in this area.The study was carried out using a dogmatic-legal method in order to determine the legal status of an entity of a water company under the current legislation, in particular the provisions of the Water Law Act, the Act on Entrepreneurs and the Act on Real Estate Management. The findings in this regard allowed to answer the question: does the transfer of a municipality’s assets to a water company for use free of charge for an indefinite period of time constitute a transfer of ownership rights? An analysis was made of the consequences of concluding an agreement for the transfer of real estate by a municipality to a water company for use free of charge and of the impact on ownership rights and property consequences for both entities.

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