Clifford Chance

Consequences of the judgement of the Constitutional Tribunal dated 10 March 2015 (file no. K 29/13) on transformation of perpetual usufruct right into ownership title

16 June 2015

In March 2013 we prepared a briefing on the issue of transformation of perpetual usufruct right into ownership title in connection with the amendment to the Act on Transformation of Perpetual Usufruct Right into Ownership Title to Property dated 29 July 2005 (the "Act"). As of the date the Amendment became effective, i.e. 28 July 2011, the group of perpetual usufructuaries who became entitled to apply to the owner, i.e. the State Treasury or a local authority, for the transformation of their perpetual usufruct right into ownership title through administrative proceedings, was extended. As a result legal entities such as companies were included among the persons entitled to demand transformation of the perpetual usufruct right into ownership title. Moreover, the deadline for submitting the demand for transformation, i.e. 31 December 2012, was abolished, and the limitation as to the type of real property that could be the subject of an application for transformation was also abolished.

 

 

 

 

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