Możliwość nabycia przez zasiedzenie nieruchomości stanowiącej las państwowy. Glosa do uchwały składu siedmiu sędziów Sądu najwyższego z 21 czerwca 2023 roku III CZP 94/221 z uwzględnieniem uzasadnienia postanowienia Sądu najwyższego z 18 listopada...
Possibility to use real estate constituting a state forest through adverse possession. commentary on the resolution of the Supreme court of 21stjune, 2023, III CZP 94/221, taking into account the justification of the Supreme Court judgement of ...

Summary/Abstract: This work is devoted to the problem of adverse possession of forest land belonging to the Polish State Treasury and the interpretation of the concept of “ownership transformation”. It cites and compares court decisions issued in relevant cases. Most attention was paid to the defin-ition of “ownership transformation”. In order to determine the normative meaning of this concept, reference was made to the rules of linguistic-logical, systemic and teleological interpretation. In the further part of the work, the Forest Act was considered aspecial act, and the position was sup-ported that the Civil Code cannot play such arole. Part of the work was devoted to the issue of the constitutional standard of protection of state property. Circumstances were indicated that could justify allowing the institution of adverse possession of forest property in order to ensure better environmental protection. The gloss ended with asummary of the considerations contained therein and aconclusion about the fundamental (although subject to certain exceptions) inadmissibility of acquiring forest land belonging to the State Treasury by adverse possession.

• Details
• Contents