Monitor Prawniczy

no. 11/2014

On current dilemmas concerning application of Art. 5 of the Civil Code

Beata Janiszewska
Autorka jest adiunktem w Instytucie Prawa Cywilnego WPiA UW.
Abstract

The article discusses the possibility of finding, in a usucaption case, that the owner of the property abused their right by undertaking actions stipulated in Art. 123 § 1.1 of the Civil Code. That issue was considered in connection with the position taken by the Supreme Court in its judgement of 18 December 2013, I CSK 257/13, that “An attempt of the petitioner – the State Treasury – to interrupt the running of the acquisitive prescription period by filing a debt collection motion on the last day of the acquisitive prescription period, in the situation of obvious negligence of ownership interests for several decades, is contrary to the sense of rightness”.