Abstract

The article discusses the possibility to establish a utility easement for an entrepreneur who is not an owner of the transmission facilities referred to in Art. 3051 of the Civil Code, which are the property of their lessor. This problem is of particular significance in view of the strict interpretation of Art. 3051 and 3052 of the Civil Code. In this respect, the thesis of the Supreme Court resolution of 13 April 2017 (III CZP 3/17), in which a broad interpretation of those article was adopted, should be concurred with.