Abstract

The article presents selected issues relating to the practical aspects of asserting compensation by a co-owner for exclusive use of a thing owned in common by another co-owner. An inspiration for making those comments was the Supreme Court resolution of 19 March 2013, III CZP 88/12, in which a view was expressed that a co-owner may assert compensation under Art. 224 § 2 or Art. 225 of the Civil Code from other co-owners using the thing in violation of Art. 206 of the Civil Code. The reasons underlying this position of the Supreme Court make one ask whether the size of a share in a thing owned in common to which the co-owner asserting a claim for compensation is entitled play any role in determining the amount of that compensation.