Published: 2017-12-09

The Right of Perpetual Usufruct as a Survival of the Period of Actually Existing Socialism: A Socio-Legal Perspective

Rafał Mańko
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2017.17.1.02

Abstract

Summary

The right of perpetual usufruct was introduced to the Polish legal order in 1961, i.e. during the period of so-called actually existing socialism. Amongst the reasons of its introduction were political and ideological factors, and in particular the conception, according to which a socialist state should not alienate the ownership of land to natural and legal persons. Apart from political and ideological functions, the institution in question also fulfilled a number of socio-economic functions, inter alia it enabled natural persons and housing cooperatives to gain access to land for housing construction. Following the transformation of 1989, the institution of perpetual usufruct was not eliminated from the Polish legal order and it also continues to function in practice. From a socio-legal perspective, this continuity is a result of the adaptation of the social functions of the institution in question to the changed conditions folloing the systemic transformation.

Keywords:

perpetual usufruct, legal survival, social function, systemic transformation.

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Mańko, R. (2017). The Right of Perpetual Usufruct as a Survival of the Period of Actually Existing Socialism: A Socio-Legal Perspective. Zeszyty Prawnicze, 17(1), 33–61. https://doi.org/10.21697/zp.2017.17.1.02

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