Zasiedzenie służebności przesyłu a konstytucyjne podstawy ochrony prawa własności
Usucaption of Transmission Service Easement and the Constitutional Foundations of the Protection of the Right to Property

Author(s): Agnieszka Wróbel
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: According to the intention of the legislature, the purpose of usucaption is the removal of discrepancies between the legal status (property) and the factual status (ownership). In the context of transmission equipment, the initial purchase plays a substantial role, especially in the context of network elements installed on properties devoid of clear legal ownership. It should be, however, noted that there is no regulation in the Civil Code which would directly permit it. The necessity of consulting regulations pertaining to land easement invites questions regarding the compliance of such a method of regulation with the Constitution. The following article consists of five parts further divided into shorter sections. In the first part, the author discusses the research topic and provides the history of transmission service easement in Polish legislature. In the second part, the author moves on to analyze the nature of the right to property and the regulations designed to protect it. In the third part, the author introduces systemic guarantees of protection of the right to property, including, first and foremost the democratic rule of law and the connected principles of legal certainty and non-retroactivity. The fourth part of the article regards the issue of property understood as public rights and the possibility of restricting its scope. In the last part, the author attempts to evaluate the legal regulations pertaining to transmission service easement.

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