Proprietorship (Section B)

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  1. Proprietorship or class of title

    There can be the following classes of title, proprietorship of main rights:

    Main right / Primary real right: OWNERSHIP
    Definition: Ownership – “własność” (art. 140, 143 of the Civil Code)
    Ownership is the right to enjoy and dispose of a thing, without greater limitations than those set forth in the laws and rules of social coexistence, especially to charge profits and other income.
    Ownership of the ground stretches out into space under and over its surface.
    Co-ownership – “współwłasność” (art. 195 of the Civil Code)
    There is co-ownership where ownership of a thing belongs pro indiviso to several persons.

    Main right / Primary real right: LEASEHOLD
    Definition: Leasehold “dzierżawa” (art. 338 of the Civil Code)
    Leasehold is the holding the thing in somebodies name.

    Main right / Primary real right: POSSESION
    Definition: Possession – “posiadanie” (art. 336 of the Civil Code
    Possession is the holding or tenure of a thing or the enjoyment of a right by a person with the intention of having them as one’s own or without this intention

    Main right / Primary real right: TEMPORARY OWNERSHIP
    Definition: Perpetual usufruct – “uzytkowanie wieczyste” (art. 232 of the Civil Code)
    “Premises which belong to the Statio Fiscis laying within the boundaries of the cities and beyond them as well as premises owned by the local government or its associations may be a subject of transfer to natural persons or legal persons as perpetual usufruct”.

    Definition: „Spółdzielcze własnościowe prawo do lokalu” (Act of 15th December 2000 on housing cooperatives O.J. 2013.1222)

    The housing co-op ownership right to a unit (apartment, flat) – limited right in rem where it consists of two basic rights: the right to use premises and the right to dispose it. It is the transferable right to the buyer, to the heirs or to the donates etc. and it is a subject to execution.

  2. Information on owners

    2.1 If owners are natural persons, information of the owner or proprietor or holder of the main right registered will usually comprise the following:

    –     Name of the owner (first name, surname) in the way governed by national legislation.
    –     ID of the owner.
    –     Person to whom the owner is married when acquisition is for the marriage or for matrimonial community of goods.

    However, normally there should not to be expected that information includes neither other identification numbers (passport, driving license, public health system number), nor the person to whom the owner is married in any case, nor civil status, nor date of birth, nor address, nor owner’s e-mail or telephone.

    2.2 In the event that the owner or proprietor is a company or legal person, information will usually include:

    1. Name of the company.
    2. ID of the company.
    3. Registered office.
    4. Registration number.
    5. Business address.

    And it will not include other data such as date and place of registration, telephone or e-mail.

  3. Entitlement

    Information of the Polish land register system usually includes references to the:

    1. Entitlement or substantial entitlement, act or contract which is basis of the acquisition for the proprietor.
    2. Formal entitlement, deed of acquisition of the owner.

  4. Restrictions

    Information of the Dutch land register system usually includes the existence of restrictions on the person of the owner stemming from insolvency or affecting the authority of disposal when they have been registered.

    With respect to the information on restrictions on the person of the owner, existence conditions antecedent or subsequent are not included.

    In Poland, there’re no trusts

  5. Price

    LR information does not include the price of acquisition of the property ever.

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