Acquisition of ownership by acquisitive prescription by the State Treasury or a local government unit in the light of the principle of legality (Article 7 of the Polish Constitution) contribution to the discussion

Abstract

The subject of this article is to analyze the consequences of rule resulting from art. 7 of the Polish Constitution for the admissibility of acquisition of property by acquisitive prescription by the State Treasury or a local government unit. There is a clear contradiction between this principle and the very essence of acquiring property by prescription. In the article it will be presented an interpretation Art. 172 of the Civil Code (relating to the acquisition of real estate by prescription) and Art. 174 of the Civil Code (relating to the acquisition by prescription of ownership of a movable property) in a way to remove the said contradiction.As a result, it should be assumed that the State Treasury can never possess a thing without a legal basis. The opposite view would mean that it may operate without a legal basis, and thus a breach of the norm under Art. 7 of the Polish Constitution. Art. 7 of the Constitution of the Republic of Poland must mean that either we will never recognize such ownership as possession, or that we believe that the possession of an item by the State Treasury may never lead to usucapion, as it would sanction behavior contrary to constitutional norms. Since the first solution would infringe the principle of treating possession as only a factual state, the second solution should be regarded as the correct one. Art. 172 of the Civil Code and 174 of the Civil Code should therefore be interpreted in accordance with Art. 7 of the Polish Constitution, and therefore the State Treasury cannot be the subject of acquisitive prescription. The same should be applied to local government units.