Property Law & Security Transactions

Timetable

Module aim (aims)

This course introduces the students to the basic principles of the modern Property Law and  Security Transactions. It provides an overview as well of the legal as the economical, social and political context within which the Property Law and  Security Transactions was developed and introduced.

Pre-requisites in terms of knowledge, skills and social competences (where relevant)

Basic knowledge on civil law. Preferably course of general civil law, contracts and civil procedure.

Syllabus

Concept, character and structure of property law. Constitutional regulation. State Treasury or community ownership. Security transactions in general.

Ownership and its protection inside economical groups; resolving the conflicts of interests.

Nature and elements of the property legal situation. Classical features of property right: possession, usage (using, collecting fruits from, wear and tear of, processing of the thing) and disposal (divesting oneself of a thing, disposing of a thing in a will, encumbering the right.

Things as autonomous material objects. Movable and immovable things.

Immovable property. Iimmovable property separated from the land.

Privatisation. Indirect privatisation by selling shares. Direct privatisation by divesting oneself of an enterprise: by selling the whole enterprise, by making a contribution-in-kind to another company, or by leasing an enterprise under a contract of tenancy, by lease with the option to purchase [leasing], and by usufruct. The privatisation of immovable agricultural property.

The transfer of ownership of immovable property. Unconditional transfer, without time limit; the form of a notarial act. Specified cause (legal grounds). Special provisions of spatial physical planning, agrarian law, and forestry law.

Co-ownership as a special type of ownership. Joint co-ownership and co-ownership in fractional parts (or fractional shares).

Autonomous ownership of an apartment, a dwelling unit or a unit for commercial purposes. Immovable property separated from the whole building.

Perpetual usufruct as a right similar to ownership. Perpetual usufructs established on lands owned by the State Treasury or a community (gmina).

Limited property rights – general remarks. Usufructs.

Servitudes. Predial servitudes, personal servitudes, servitude of transmit. Co-operative member’s ownership right in an apartment (a dwelling unit or a unit for commercial purposes)

 

Pledge. Ordinary pledge, pledge by registration, pledge may encumbered a right.


Security transactions. Pledge  by registration as a important tool of security transactions.

Mortgages.  Mortgages as a basic tool of security transactions. Mortgage encumbering immovable property or properties, a mortgage encumbering a fractional share in immovable property, which is co-owned, a mortgage encumbering perpetual usufruct, a mortgage encumbering a cooperative member’s ownership right to a unit. Subintabulat: a mortgage which encumbering a mortgage claim as a tool of security transactions.

Reading list

T.Sokołowski, Property Law in: W.Dajczak, T.Nieborak, P.Wiliński, Fundations of Polish Law, Warszawa 2021.