So called other facility on the land as a thing in the legal sense
| Autor: | Kamil Zaradkiewicz |
|---|---|
| Jazyk: | English<br />Polish |
| Rok vydání: | 2023 |
| Předmět: | |
| Zdroj: | Nieruchomości@, Vol II, Pp 9-28 (2023) |
| Druh dokumentu: | article |
| ISSN: | 2657-8247 2719-8030 |
| DOI: | 10.5604/01.3001.0053.6967 |
| Popis: | The Civil Code of 1964 introduced a separate conceptual category of "facilities," which includes buildings, among others. In exceptional cases, such facilities are treated as separate things in the legal sense. The lack of a definition of "facilities" and, at the same time, treating only buildings as possible separate properties leads to the question of the material status of facilities that are not buildings. Moreover, it is unclear what criteria are to determine that a particular tangible legal asset is a "facility" in the civil law sense.Under current regulations, "facilities" in general cannot be considered real property in the legal sense. The only exception may be buildings, which constitute separate real estate in special cases. This is dictated in each case by the economic purpose of their operation. In this sense, both buildings and other facilities constitute a "main" thing in relation to the land itself. It is expedient to consider making significant changes in this regard. First, it is reasonable to prejudge that the status of an immovable thing separate from the land may have any facility, the ownership of which is associated with a specific limited, "purposeful" title to the exploitation of the land. Secondly, the derogation from the principle of superficies solo cedit cannot presuppose an "automatism" of treating as separate things any facilities, regardless of their purpose. Third, the needs of trading practice lead to the conclusion of the desirability of extending these exceptions to facilities located not only on the surface of the ground, but also under the ground. This refers to such facilities that serve transportation purposes (in particular, road, rail or subway tunnels), which justify the possibility of treating them for economic reasons as an immovable thing separate from the land. |
| Databáze: | Directory of Open Access Journals |
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