Glosa do postanowienia Sądu Najwyższego z dnia 11 września 2019 roku w sprawie IV CSK 269/18
Commentary to the judgment of the Supreme Court of 11 September 2019 in case IV CSK 269/18

Summary/Abstract: This commentary presents arguments supporting the position of the Supreme Court regarding the consequences of breaching the principles of representation of ecclesiastical legal entities derived from canonical law. Additionally, it includes discussions refuting the Supreme Court’s stance that allows counting the period of possession necessary for acquiring prescriptive easement by including the possession of a land easement corresponding to the transmission easement performed before 3 August 2008. According to the commentator, in the event of a breach of the statute of the ecclesiastical legal entity, to which the norms regulating representation according to canonical law belong, Article 39 of the Civil Code should apply. The commentator believes that counting the period of possession of a land easement corresponding to the transmission easement before 3 August 2008 towards the required possession period for the prescriptive easement would be permissible only if the legislator had envisaged such a possibility in transitional provisions, which, however, was not the case.

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