Zakres kognicji sądu powszechnego w zakresie aktualizacji opłaty rocznej za użytkowanie wieczyste
The scope of jurisdiction of general jurisdiction courts with respect to adjusting the annual fee for perpetual usufruct

Summary/Abstract: Disputes arising in connection with perpetual usufruct concerning the proceedings to establish the amount of the annual fee for perpetual usufruct are of civil-law nature in the substantive sense. However, questions emerge as to the scope of jurisdiction of general jurisdiction courts in the event of submitting a termination notice for the current fee for perpetual usufruct of immovable property – pursuant to Article 77 of the Real Estate Management Act – based on an appraisal survey, and proposing a new amount for the fee when a dispute about the amount arises, i.e. a dispute regarding the powers to determine the amount of the annual fee from perpetual usufruct. The issue of the limits of the scope of court jurisdiction is subjected to analysis, in view of the fact that when handing down judgments courts of first instance do not limit themselves to ruling on the grounds for the termination notice for the current fee for perpetual usufruct, and determining the correct amount of the annual fee that should be extracted from the adjustment resulting from the termination notice.

• Details
• Contents