Użytkowanie wieczyste a prawo zabudowy
Perpetual usufruct versus the heritable building right

Summary/Abstract: This article presents main features of two property rights which are the perpetual usufruct and the heritable building right. The former one comes from socialism regime, but the latter one is a new theoretical conception, which is on the legislative making stage. This paper presents basic differences between both property rights, which cause that they can't be recognized as a mutually competitive rights. Moreover it is expected that a new right (the heritable building rights) will be introduced into the Polish legal system. This juridical construction seems to be an appropriate to current needs of the legal turnover. There are such equivalent norms in German, Swiss and Austrian legal systems. However the borrowing "the legal transplant" is complicated, so that in this paper are included comparative remarks to explain a core of this juridical construction.

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