Serwituty w Polsce. Ochrona praw nabytych na tle historii
Servitudes in Poland. Protection of acquired rights against the background of history

Summary/Abstract: The aim of this article is to analyse the status of servitudes in the Polish legalorder, with particular reference to the principle of the protection of acquired rights.Although the Polish legal order after the Second World War does not formally providefor their existence, they are respected in some parts of Poland today. The article dis-cusses the judicial case law on this issue and provides a historical overview of theserights. Attention also drawn to the principle of protection of acquired rights, a cor-nerstone of the democratic state of law, which aims to provide individuals with legalsecurity and the possibility to rationally plan for the future. However, according to theConstitutional Court’s rulings, this principle is not absolute, and changes to the ruleson acquired rights must be introduced with appropriate transitional mechanisms. Thearticle analyses how the lack of adequate legal regulations in the current legal orderhas affected the status of servitudes and what consequences this state of affairs hasfor contemporary legal practices in Poland.

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