This Code was enacted on 23 April 1964. It regulates civil-law relations between natural persons and legal entities. Its text consists of the following Books: I) General provisions; II) Ownership and other property rights; III) Commitments; IV) Decrease.
OWNERSHIP AND REAL RIGHTS. The second Book of the Code establishes the legal framework for property rights and other rights related to real estate. It recognizes the concept of ownership as the most comprehensive and absolute right over a thing. It grants owners the right to possess, use, enjoy, and dispose of their property, subject to legal limitations. Ownership can be acquired through various means, including through purchase, inheritance, gift, and other forms of transfer recognized by law. The code sets out specific rules for each method of acquisition. The code also acknowledges the concept of possession, which refers to holding and using a thing as if one were the owner. While possession is not equivalent to ownership, it can confer certain legal protections. Apart from ownership, the Polish Civil Code recognizes other real rights over property, including limited property rights (e.g., usufruct, easement) and security rights (e.g., mortgage, pledge). The Code also recognizes public ownership, which refers to property owned by the state, local authorities, or other public entities. Specific rules apply toagricultural real estate, which is defined as any real estate which is or may be used to conduct agricultural production, both crop and animal farming, including gardening, horticulture and fish farming (art. 461).
OBLIGATIONS AND CONTRACTS. Book III governs contractual and non-contractual obligations between parties. Detailed rules are laid down as to nature of obligations, formation of contracts and their performance, damages and compensation.
INHERITANCE. The Code governs the legal process of transferring a deceased person's assets, rights, and obligations to their heirs or beneficiaries. It is worth noticing article 1058 and subsequent provisions, which govern inheritance of farms. According to article 1059, heirs inherit a farm by law if, at the time the succession is opened: 1) they are permanently directly engaged in agricultural production; or 2) they have vocational education for agricultural production; or 3) they are minors or are learning a profession or attending school; or 4) they are permanently without the capacity to work.
OWNERSHIP AND REAL RIGHTS. The second Book of the Code establishes the legal framework for property rights and other rights related to real estate. It recognizes the concept of ownership as the most comprehensive and absolute right over a thing. It grants owners the right to possess, use, enjoy, and dispose of their property, subject to legal limitations. Ownership can be acquired through various means, including through purchase, inheritance, gift, and other forms of transfer recognized by law. The code sets out specific rules for each method of acquisition. The code also acknowledges the concept of possession, which refers to holding and using a thing as if one were the owner. While possession is not equivalent to ownership, it can confer certain legal protections. Apart from ownership, the Polish Civil Code recognizes other real rights over property, including limited property rights (e.g., usufruct, easement) and security rights (e.g., mortgage, pledge). The Code also recognizes public ownership, which refers to property owned by the state, local authorities, or other public entities. Specific rules apply toagricultural real estate, which is defined as any real estate which is or may be used to conduct agricultural production, both crop and animal farming, including gardening, horticulture and fish farming (art. 461).
OBLIGATIONS AND CONTRACTS. Book III governs contractual and non-contractual obligations between parties. Detailed rules are laid down as to nature of obligations, formation of contracts and their performance, damages and compensation.
INHERITANCE. The Code governs the legal process of transferring a deceased person's assets, rights, and obligations to their heirs or beneficiaries. It is worth noticing article 1058 and subsequent provisions, which govern inheritance of farms. According to article 1059, heirs inherit a farm by law if, at the time the succession is opened: 1) they are permanently directly engaged in agricultural production; or 2) they have vocational education for agricultural production; or 3) they are minors or are learning a profession or attending school; or 4) they are permanently without the capacity to work.
Title:
Civil Code.
Country:
Poland
Type of document:
Legislation
Files:
Repealed:
No