The scope of the concept of “jointly owned property” in the Polish act on ownership of premises Cover Image

Zakres pojęcia „nieruchomość wspólna” w ustawie o własności lokali
The scope of the concept of “jointly owned property” in the Polish act on ownership of premises

Author(s): Małgorzata Balwicka-Szczyrba, Dominik Mielewczyk
Subject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: jointly owned property; ownership of premises; proprietorship of premises; jointly owned property boundaries; jointly owned property components

Summary/Abstract: The following work contains intensified research on the provisions of the Polish act on ownership of premises which in practice of actual trade raise interpretation problems and is an attempt to present this knowledge in a clear and comprehensible manner. Share in a jointly owned property is closely related to the ownership of the premises and plays a significant role in civil law relations. In this article, it became necessary to describe in detail the definition core of the jointly owned property and defining boundaries, as well as to indicate its components. The above is useful for resolving doubts arising in that field of expertise. The research emphasizes that it is impossible to enumerate the elements included in the scope of a concept of a “jointly owned property”, as each time it will only be of an indicative manner. Certain elements may potentially have a different legal status, however, this does not prevent the Authors from developing certain specifications in this article – which may prove quite helpful in dispelling some existing interpretation doubts. Thus, the research contained in this article also constitutes a kind of guideline for practitioners when examining and evaluating functions of individual components in order to establish their definite legal status.

  • Issue Year: 2020
  • Issue No: 4
  • Page Range: 51-72
  • Page Count: 22
  • Language: Polish
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