Transformation of the Perpetual Usufruct Right Into the Ownership of a Real Property Estate

In addition to the ownership, there is in Poland the so-called perpetual usufruct right, which is an intermediate form between ownership and limited property rights. It allows for long-term use of the land which is not our ownership. Makes it possible to mortgage a property, is transferable and inheritable. The article describes the legal regulations governing the establishment and functioning of the perpetual usufruct, and the conditions under which it is possible to transform it into full ownership. The publication presents contentious issues which causes the Act of 29 July 2005 on Transformation of Perpetual Usufruct into the Ownership of the Real Property. It also includes case-law of the administrative courts and the Constitutional Court on this matter. Finally, the author presents proposals for changes in the law, which he believes would organize the process of transformation of the perpetual usufruct right into ownership.