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Determination of Fees for Perpetual Usufruct of Real Property Acquired from Ecclesiastical Juridic Persons in Relation to Landed Property in Warsaw. Selected Issues
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Abstract
This paper discusses the problem of establishing a fee for perpetual usufruct with respect to persons acquiring this right, vested in land located within the territory of the city of Warsaw, from ecclesiastical juridic persons, for whom this right was established as compensation for the lost ownership of this land under the Bierut Decree of 1945. It has been pointed out that the possibility of setting the fee for perpetual usufruct with respect to such purchasers on general terms weakens the restitutionary character of the provisions of the Act of 17 May 1989 on Relations between the State and the Roman Catholic Church in the Republic of Poland and other related laws concerning other churches. This solution affects not only the interests of the purchaser but also those of the transferor, which is an ecclesiastical juridic person, as it reduces the value of the transferred right. The author proposes that the relevant regulations be amended to ensure that the privileged nature of such a fee is maintained also with regard to purchasers of perpetual usufruct, such as one-person companies established by ecclesiastical juridic persons, and in cases where the right of perpetual usufruct of such a real property is transferred to the purchaser by general succession.
Keywords:
landed property in Warsaw, ecclesiastical juridic persons, perpetual usufruct feeDetails
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.