Abstract

The article discusses the issue of setting remuneration for establishment of an easement of access. It is generally accepted in the case law, including judgments of the Supreme Court, that that remuneration may be determined as a one-off or periodical performance. In the analysed judgment of 20 September 2012, IV CSK 56/12 (unpublished) the Supreme Court ruled out the possibility of awarding both performances for establishment of a single easement. However, there are doubts – more extensively discussed in this article – whether the view of the judicature concerning permissibility of awarding remuneration in the form of periodical performances is correct. That position is opposed by the arguments concerning the competence of the court in a situation of adjudicating a case with a decision of a constitutive nature, and also with a view to the results of the systemic, functional and historical interpretation of Art. 145 of the Civil Code.