Przemilczenie własności z art. 187 kodeksu cywilnego. Zagadnienia wybrane
Reticence of ownership provided for in article 187 of the Civil Code: Selected issues

Summary/Abstract: This paper concerns the construction of article 187 of the Civil Code and other Civil Code provisions that apply to reticence of ownership, with reference to a new statute on movable property (Act of 20 February 2015, Journal of Laws [Dz.U.] of 20 March 2015 item 397), and with the use of publicly available reviews and materials, including expert opinions regarding the legislative process. Selected issues – significant from the point of view of construing the regulations – have been presented in this article. Furthermore, the article discusses the obligatory premises of reticence provided for in the new statute and in the Civil Code. The discussion on the subject includes defining the terms ‘abandonment’ and ‘loss’ of movable property, conducted with consideration for practical aspects pointed out in selected judicial decisions. In addition, in order to illustrate the issues at hand, judicial decisions concerning article 34 of the Decree of 8 March 1946 on abandoned and formerly German property, as well as selected judicial decisions of the administrative courts, have also been incorporated into this paper.

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