Roszczenie o wynagrodzenie za korzystanie z rzeczy wspólnej – uwagi w kontekście stosowania art. 206 k.c.
Claim for remuneration for the use of common property – comments in the context of the application of Article 206 of the Civil Code

Summary/Abstract: The admissibility of a claim for remuneration for the use of a common property in relations between co-owners is recognised in both judicial decisions and legal scholarship. The legal basis for such a claim is typically derived from Article 224 § 2 of the Civil Code or Article 225 of the Civil Code in conjunction with Article 206 of the Civil Code. The complexity of this normative framework necessitates consideration, on the one hand, of the specific nature of the rights to co-possession and use of the common thing, and on the other, of the function performed by the remuneration claim when those rights are infringed in relations between co-owners. This, in turn, implies a certain distinctiveness of the claim for remuneration for the use of a common thing, particularly with respect to the circumstances that condition its assertion. The article focuses primarily on the prerequisites of this claim that may be inferred from Article 206 of the Civil Code. The analysis encompasses both potential forms of infringement of this provision: those consisting in depriving a co-owner of the possibility to possess and use the whole or a part of the thing, as well as those involving other conduct not amounting to deprivation of factual control over the thing.

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