The future of perpetual usufruct in the light of regulations enabling acquisition of property right

Abstract

The subject of this article is an analysis of Polish legal regulations which introduce the methods of converting the right of perpetual usufruct into a property right. Present legal acts enable perpetual users to acquire ownership of land in three different ways: using civil or administrative law instruments or by transforming perpetual usufruct into the property right ex lege. Both comparison and examination of these solutions show that binding instruments of converting the right of perpetual usufruct are difficult to apply and do not comply with the constitutional principle of equality. For that reason, present regulations seem to be insufficient and require amendments. One of the possible solutions is a comprehensive ex lege transformation, which would cover all perpetual users and properties. Such a regulation would be a solution to the current gradual decline in the significance of perpetual usufruct.