Acquisition of movable property The legislator has provided for the possibility of acquiring ownership of a movable property by acquisitive prescription. Pursuant to Article 174(1) of the Civil Code, a possessor of a movable object who is not its owner acquires ownership if he has possessed the object continuously for […]

Prescription of immovable property The institution of prescription of ownership of a real estate is regulated in Article 172 of the Civil Code. This provision states that a holder of real estate who is not its owner acquires ownership by prescription if he has held the real estate continuously for […]

Claims under a preliminary agreement The extent of the protection available in the event of non-performance of a preliminary contract depends on the form in which it was concluded. The legislator provides for two types of sanctions in the event of non-performance of the obligation to conclude a promissory contract: […]

Preliminary agreement The preliminary agreement is regulated in Article 389 of the Civil Code. 1. A contract by which one or both parties undertake to conclude a specific agreement (preliminary agreement) should specify the material provisions of the final agreement. 2. If the time limit within which the final agreement […]

Possession claim An action of possession is regulated by Article 344 of the Civil Code. 1. Against the one who has wilfully violated possession, as well as against the one in whose favour the violation has occurred, the possessor has a claim for restoration of the previous state of affairs […]

Negatory action Pursuant to Article 222(2) of the Civil Code, the owner has a claim against a person who infringes property otherwise than by depriving the owner of actual authority over the item, to restore it to its lawful state and to desist from the infringement. Active legitimacy Those entitled […]

Claim for vindication A vindicatory claim is regulated in Article 222 § 1 of the Civil Code. Pursuant to this provision, the owner may demand that the thing be handed over to him or her by a person who is in actual possession of the thing, unless that person has […]

Compensation for non-contractual use of property The owner of the property is entitled to decide who can use his property. The right to use the property may arise from a right of ownership or another right in rem or a right of obligation, such as a lease or tenancy. In […]

Adjacency charge The adjacency fee is regulated in Article 98a of the Act of 21 August 1997 on real estate management. When can a fee be charged? An adjacency fee may be assessed if, as a result of the division of real estate at the request of the owner or […]

Limitation and preclusion It is accepted as a principle of civil law that the assertion of a property claim using state compulsion, i.e. the administration of justice, has been limited in time. The reasons why time limitations are introduced for the exercise of powers are mainly due to the difficulty […]