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Odpowiedź na uwagi polemiczne dotyczące problematyki intertemporalnej służebności przesyłu

100%

Mularski K.

nr 1

207-214

The paper, refuting objections formulated in a polemic, upholds fundamental points worded in the previously published article, according to which "easement corresponding to transmission easement" and "transmission easement" have exactly the same meaning. Such easement could not have existed before the date of entry into force of the provisions of the Polish Civil Code constructing this limited right. Since the easement could not have existed before the date of entry into force of the provisions that construct it, it could not have also been acquired either by legal action (in particular by an agreement), or by usucaption. The period of usucaption of such easement runs from the date of entry into force of the provisions constructing the easement, and is reduced — by a maximum of half the time required by the law — in the case in which prior to the entry into force of these provisions there existed a status on the property which after their entry into force would justify the establishment of transmission easement.

Problematyka intertemporalna służebności przesyłu

88%

Mularski K.

nr 1

91-152

Transmission easement began to exist as a legal institution with the entry into force of the provisions of the Civil Code which established it. Such easement could not have existed before the date of entry into force of the provisions of the Civil Code constructing this limited right. "Easement that corresponds to transmission easement" could not also have existed, as the terms "transmission easement" and "easement that corresponds to transmission easement" have exactly the same meaning. There could not also have been an "easement appurtenant" which as a result of a "dynamic" or "modern" interpretation acquired characteristics of the transmission easement. "Easement that corresponds to transmission easement" is only a misleading name given to the transmission easement. Since the easement could not have existed before the date of entry into force of the provisions that establish it, it could not also have been acquired either by legal action (in particular by an agreement), or by usucaption. The period of usucaption of such easement runs from the date of entry into force of the provisions constructing the easement, and is reduced — by a maximum of half the time required by the law — in the case in which prior to the entry into force of these provisions there existed a status on the property which after their entry into force would justify the establishment of transmission easement. At the same time, the entry into force of the provisions on transmission easement does not affect any other types of easements. In particular, it does not have any effect on the interpretation of the provisions on the easements appurtenant. All of these arguments are radically contrary to the well-established judicial decisions of the Supreme Court. The Court, concealing the real intention of its decisions (which, let us recall, is the protection of consumers against price rises of utilities, especially electricity), introduces disorder into the legal culture. It breaks the rules of interpretation and inference established in this culture, considers those standards valid which almost certainly would be recognized by the Constitutional Co

Nabycie służebności przesyłu w drodze zasiedzenia

63%

Łukasz S.

2012

nr 1

35-47

The paper is an attempt to determine the admissibility of acquisition of a transmission easement by virtue of usucaption. It also contains the review and assessment of the main issues, doubts and discrepancies which are present in the doctrine and jurisprudence. The survey also deals with deliberations concerning the possibilities of usucaption of particular ways of using the facilities as referred in the article 49 of The Civil Code prior to the amendments of The Civil Code of 20 May 2008 that introduced a new legal institution of a utility of transmission easement.