Abstract

The provisions of the Civil Code entitle the owner who has been deprived of the possession of his property, inter alia, to claim remuneration for non-contractual use of his property (first sentence of Art. 224 § 2 of the Civil Code). This remuneration corresponds to the average market remuneration that the owner would have received if his property had been used under the most typical legal relationship for that property at the time the property was held by another entity. The result of the interpretation arrived at in the article corresponds with the views almost unanimously accepted in literature and judicial practice. Only some corrections and additions have been made, and the reasons for this have been more extensively described. Contrary to an almost uniform view, the claim for remuneration for the use of someone else’s property, probably does not cumulatively concur with the claim for reimbursement of benefits (value of benefits), but the owner is entitled to these claims alternatively. Satisfaction of the claim for remuneration for non-contractual use of the property results in expiration of the claim for reimbursement of benefits (their value).