Służebność przesyłu - wybrane zagadnienia
Transmission servitude - chosen problems

Summary/Abstract: The article contains the characteristics of the limited substantive law which is transmission servitude. Is indicates reasons, which persuaded the legislator to appoint a new type of servitude, allowing entrepreneurs to acquire a legal title to use another persons’ real estate and placing there transmission devices. In further part the author presents and performs the analysis of chosen problems of this institution, such as: subjects of transmission servitude, their rights and obligations, ways of appointment, purchasing the transmission servitude by way of an acquisitive prescription and a possibility of selling it and expiration. The article also discusses a question of a possibility of appointing the transmission servitude by way of an administrative decision, issued on grounds of article 124 the Law on Real Estates Management. At the same time the author underlines that the servitude appointed in accordance with article 124 of this Law is one form of expropriation and cannot be identified with the transmission servitude regulated in the Civil Code. Enacting this institution to the Civil Code should be evaluated positively, however one cannot fail to perceive problems arising at the stage of applying it. These ambiguities persuaded the Council of Ministers to prepare a bill draft on alteration of the Civil Code act, which is aimed at making more precise questions giving rise to most doubts.

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