Abstract

The article discusses whether a claim of the owner of land on which a building or another structure has been constructed, the value of which considerably exceeds the value of the occupied part of the plot, for the acquisition by the possessor if the ownership of the plot for suitable remuneration (art. 231 § 2 of the Civil Code) expires in accordance with Art. 117 § 1 and Art. 118 of the Civil Code. This issue has been giving rise to disputes both in the doctrine and the judicature, which is evidenced by the legal query referred by the ordinary bench for consideration by the expanded bench of 7 judges of the Supreme Court (III CZP 79/19).