Importance Of Perpetual Usufruct Right In The Structure Of Rights To Municipal Real Estate In Poland

Abstract :

The institution of perpetual usufruct in the Polish legal system was introduced in 1961, at a time when, according to the political system assumptions, the dominant form of ownership was state property. It was intended by the legislator to regulate ownership relations between the state and private sector entities, initially mainly in the field of housing. These regulations have been amended many times; hence the current legal regulations differ significantly from those introduced in 1961. The study aims to present the significance of this law in the management of municipal real estate in selected cities, as well as to indicate the consequences of the instability of legal regulations (here: another regulation of the transformation of the right of perpetual usufruct of land intended for housing purposes into the right of ownership of such land) in terms of the reduction of the commune's assets (real estate stock) and the reduction of budget revenues from annual fees, which in consequence will not be without influence on the financial situation of communes. The deliberations take into account the current legal status, refer to the literature on the subject and present the share of land given over for perpetual usufruct to natural persons and housing cooperatives in selected cities in Olsztyn. area and legal changes in the field of municipal land management in selected cities in Poland. The interviews show that the introduced changes in legal regulations will reduce the share of perpetual usufruct in the structure of legal forms of municipal land ownership. This is the result of transforming the right of perpetual usufruct by law into the ownership right.?