Monitor Prawniczy

no. 4/2014

Usufruct arising as a result of acquisitive prescription

Marta Knotz
Sędzia Sądu Rejonowego w Koszalinie.
Abstract

Since the 1970’s the case law has been dominated by a fixed view that acquisition of usufruct by prescription has been possible only against the previous usufructuary. The possibility of that title arising as a result of acquisitive prescription has been totally excluded. In the opinion of the authoress of this article the constitutional principles of equality before the law as well as social justice are against furthering the hitherto case law in this respect.