Transformation of perpetual usufruct – unconstitutional

By the judgement of 10th March 2015 the Constitutional Court decided that art. 1 paragraph 1 and 3 of the Act on the transformation of perpetual usufruct into the ownership of the property is unconstitutional (Ref. No K 29/13).

According to the Constitutional Court, challenged provisions violate the principles of trust in the state and law and social justice, to the extent in which they grant a right to demand transformation of perpetual usufruct into ownership only to specified group of entities, i. e. natural and legal persons, who were a perpetual usufructuaries on 13th October 2005.

Moreover, these provisions are unconstitutional to the extent concerning estate owned by local government units. In the opinion of Constitutional Court, lack of possibility of refusing requests of perpetual usufructuaries by municipalities is a violation of the independence of communes. The mentioned provisions lost binding force on 17th March 2015.

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