Legal opinion on a bill on found property and to amend some other acts (Sejm Paper No. 2064) (BAS‑320/14)

The opinion deals with a government bill governing the issue of found property. It relates to the rights and obligations of the founder, the reception and storage of found property, including money, securities and valuables, as well as things of historic, scientific or artistic value. The proposed bill would cover all movables, including antiquities (monuments), but excluding archaeological monuments. According to the author, the bill raises doubts, both substantive and formal. He presents a number of editorial corrections

The right to continued residence (Article 218 of the Civil Code)

A farm may be a subject of fractional joint ownership. Due to the exceptional social and economic importance of this property, separate special provisions concern the abolition of the joint ownership of a farm. The subject matter of the study is an analysis of the institution of rights to continued residence on a farm after the abolition of its joint ownership, i.e. their subject, object, contents, nature, method of acquisition, transferability and encumbrance

Costs of Proceedings before the Constitutional Tribunal

The author points out that the issue of costs of proceedings before the Constitutional Tribunal has not been elaborated in the literature so far, whereas it is of practical importance, although not as great as the institution of civil trial costs in particular. However, this issue is an interesting subject of legal interpretation and inference. The paper discusses the functions of costs of proceedings before the Constitutional Tribunal, their scope and the rules for their adjudication. In conclusion, it was found that the regulation of this institution is defective, as it contains significant gaps that need to be filled by way of appropriate or analogous application of several other normative acts. This led the author to postulate de lege ferenda that this state of affairs should be changed

Mortgage protection

The subject of this paper is the analysis of the legal nature, construction, substance and conditions of application of three claims for protection of the mortgage regulated in Articles 91–93 of the Act on Land and Mortgage Register and Mortgage. Prevention claim under Article 91 of the above-mentioned Act is aimed at prevention of damage to mortgage creditor caused by reduction of value of the object of mortgage, infringing the security of this right. Claims under Articles 92 and 93 of the above-mentioned Act are relate to the compensation for damage already caused to the mortgage creditor due to the decrease of the value of the object of the mortgage and infringement of mortgage security