A proposal for reinterpretation of the premises for dissolution of the perpetual usufruct - on the relation between article 240 of the Civil Code and article 33(3) of the Act on Real Estate Management

Bibliogr. s. 49-51

The author conducts a dogmatic analysis of the premises for dissolution of perpetual usufruct in Polish legal system and undertakes and attempt to figure out a new solution for the problem. The main thesis of the article is that only Article 240 of the Civil Code should be considered as a legal basis for a claim of the owner of the real estate. An original conception is based on previous conceptions, which were created in legal literature. According to the first of them, there are two separate grounds for a claim, the second one implies that there is only one basis for a claim, but consists of two regulations, Article 240 of the Civil Code and Article 33.3 of the Act on Real Estate Management. Acceptance of the suggested conception leads to the better protection of perpetual usufructuary s legal interests, in particular because of the challanges of modern market economy. Versatile approach to the issue discussed in the article allows also to reach an agreement on the thin line between contract law and property law, considering the internal legal bond between an owner of a real estate and a perpetual usufructuary. The coherence between contractual and real property aspects of internal bond of perpetual usufruct can be reached by proper interpretation of the premise that perpetual usufructuary uses the land in a manner which is obviously contradictory to the purpose specified in the contract, which is the second important part of the article.