Abstract

The publication describes legal characteristics of establishment of perpetual usufruct as a result of finding the decision under Art. 7 of the Act of 26 October 1945 on the ownership and use of land within the area of the capital city of Warsaw (Warsaw Decree) invalid. This issue is of paramount practical importance, and in particular it facilitates clarification of the question of the statute of limitation for claims to redress the damage resulting from the issue of an invalid decision under the Decree since it is closely linked with the assessment of the impact on the proceedings for establishment of perpetual usufruct on the emergence and prescription of a claim for damages. The analysis of the mechanism of law enforcement for the benefit of a person entitled under the Warsaw Decree requires that the situation of that person be clarified before the decision concerning perpetual usufruct is issued. To this end it is justified to consider the application of the alleged promise construction.