Jewish Property Restitution – Failed Measures

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Restitution or compensation for Jewish property nationalised by the communist regime in Poland after WW2 is an ever-recurring issue of public debate, fuelled by repeated appeals from Jewish organisations and certain foreign politicians for the enactment of relevant provisions. Due to numerous economic, social and political considerations, successive Polish governments after 1989 have been rather reluctant to respond to these demands. However, contrary to popular belief, regulations on this matter do exist and date back to the times of communism, when the regime itself decided to face the problem and attempted to solve it on both an international and a domestic level.

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Posted on by Jakub Petkiewicz in Property Law

Transmission servitude – a new limited real right

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On 3 August 2008, a new regulation was introduced in the Polish Civil Code in Articles 305 (1) – 305 (4), creating a new legal institution (a new limited real right), namely the transmission servitude. A transmission servitude is established for the benefit of a business entity. It constitutes an encumbrance (in the strict sense of the word) of the servient real property, (a real property necessary for the sake of transmission, e.g. to locate transmission utilities). The legislator did not specify who the business entity may be, but the legal doctrine has developed the concept of “transmission entity”. Read more

Posted on by Grzegorz Matusik in Property Law