https://doi.org/10.21697/mj.16491
The institution of servitude (servitus) constitutes one of the key elements of property law, both in the tradition of Roman civil law and in contemporary Polish civil law. The aim of this article is to provide a detailed analysis of this institution in both Roman law and the current Polish legal system. The study discusses the fundamental types of servitudes, both predial and personal, their characteristics, and the principles governing their operation within the respective legal systems. Special attention is given to the regulations concerning servitudes in both ancient Roman law and modern Poland. An important part of the discussion is also the development of new forms of servitudes, such as predial servitudes, personal servitudes, and transmission servitudes, which have emerged in response to evolving social and economic needs related to infrastructure development. The article highlights the enduring nature of the core principles of servitudes—namely, the limitation of ownership rights to allow the use of another's property—while simultaneously adapting these principles to contemporary realities. The conclusions drawn from the analysis demonstrate that the institution of servitude continues to play a crucial role in balancing the interests of individuals and society. Its future development will need to consider both the protection of property rights and the demands arising from technological and urban progress.
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