CZY JEST MOŻLIWE ZRZECZENIE SIĘ WŁASNOŚCI
IS IT POSSIBLE TO RENOUNCE PROPERTY OF IMMOVABLES?

Summary/Abstract: Beginning from July 16th, 2006, when the judgment of the Constitutional Tribunal of July 15th, 2005 came into force, there is no regulation regarding renouncement of the ownership of immovables. Thus, according to common opinion, renouncement of the ownership of immovables is impossible. The above-mentioned opinion is erroneous. The right of an owner to renounce his property is one of the citizens’ rights that may never be abolished as it is guaranteed by the Constitution (art. 64.3 of the Polish Constitution). There are also no arguments that immovables with no owner can exist in Poland. Finally, taking into consideration that it is possible to renounce the ownership of movables or to renounce limited rights in property, it should be admissible to renounce also the ownership of immovables. Summing up, one can renounce the ownership of immovables by unilateral legal action made in a form of notary’s deed. As a result of this act, the immovables become ownerless.

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