Obrót użytkowaniem wieczystym - aspekty prawne
Trading in perpetual usufructs - structural and legal aspects

Summary/Abstract: Trading in perpetual usufructs refers to a persistent phenomenon in the real estate market. It occurs both with regard to common and economic trading. It meets not only housing needs, but also investment needs as well as the needs within the scope of widely understood public utility. From the perspective of the perpetual usufruct user, such right ensures a vast range of powers in the fi eld of land disposing (factual and legal), without any necessity to engage considerable funds. Additionally, perpetual usufruct is benefi cial for the land owner (the State Treasury, the unit of territorial self-government), as it allows to maintain an impact on the manner of using the land being still the property of the owner, and additionally offering the owner signifi cant revenues in the form of the fi rst fee and then annual fees. Ensuring safety, including the effectiveness of transactions in the real estate market, the subject of which refers to the perpetual usufruct right, requires the knowledge of legal forms of trading in perpetual usufructs, structural and legal rules governing the transfer of such a right, legal limitations in the fi eld of the possibility to acquire the perpetual usufruct right by a given business partner, and fi nally the knowledge of collision rules applicable to all the those transactions referring to the perpetual usufruct right, in which a foreign element appears.

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