GLOSA DO WYROKU SĄDU NAJWYŻSZEGO Z 27 MAJA 2015 ROKU, SYGN. II CSK 502/14 (UPRAWNIENIE DO KORZYSTANIA Z RZECZY I POBIERNIA Z NIEJ POŻYTKÓW)
GLOSS TO THE JUDGMENT OF THE SUPREME COURT DATED 27 MAY 2015, REF . II CSK 502/14

Summary/Abstract: The main problem of judgment of the Supreme Court dated 27 May 2015 is disposing of the right to use things and usufruct. The Supreme Court based its decision on two assumptions. Firstly, the right to the use of things and natural usufruct is autonomous traded law (see. Art. 252 and 693 § 1 of the Civil Code), and may contractually entitled to a person other than the owner, in particular the user (and perpetual user) or tenant. There can also be a whole range of people who are bound by appropriate relations under the contract and the last one in the series is entitled to receive the natural usufruct (eg. The property owner sets use for a particular person, that this property leased to another person, and this gives it in sublet). The acquisition of ownership of these usufruct determined by the essentially legal status – the existence of a privilege, not an actual possession of the main things at the time of disconnection, unless this thing is in the possession of non-authorized persons in good faith.

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