WŁASNOŚĆ PODZIELONA W STOSUNKACH WIEJSKICH KSIĘSTWA WARSZAWSKIEGO I KRÓLESTWA KONGRESOWEGO (DO UWŁASZCZENIA) W ŚWIETLE AKT NOTARIALNYCH
DIVIDED OWNERSHIP IN RURAL RELATIONS OF THE DUCHY OF WARSAW AND THE CONGRESS KINGDOM (UNTIL THE LAND OWNERSHIP REFORM) IN THE LIGHT OF NOTARIAL RECORDS

Summary/Abstract: The article discusses the practice of subdivided rural property in the Duchy of Warsaw and the Congress Kingdom – before the land ownership reform. Several dozens of notarial deeds drawn up by notaries in Chełm, Sochaczew, and Zgierz, covering transactions between subordinate owners, were thoroughly analysed. The research questionnaire included such elements as a property description, the method of acquisition of ownership, transfer of possession, entry of rights in the mortgage books, eviction, description of benefits for the superior owner (mainly rents and labour), price (it was also indicated in life tenancy contracts), mentions of consensuses, laudemium and propination. The analysis confirmed that usufructuary property, unknown to the civil code in force at the time, played a significant role in rural realities. At the same time, a general description of this institution is very difficult due to the enormous variety of provisions contained in individual contracts.

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