Admissibility of the former owner's claim for remuneration for the non-contractual use of the property for the period preceding its usucaption

Abstract

The paper deals with the issue of admissibility of the former owner's claim for remuneration for the non-contractual use of real estate from the former owner of the real estate, who then became its owner as a result of usucaption. This issue has been a source of controversy for a long time, resulting in a divergence of views between the doctrine and the judiciary. Recently, this problem has revived in connection with the cassation complaint in case III CZP 103/22, in which a legal issue was submitted for resolution to a panel of 7 judges of the Supreme Court. The paper analyzes the arguments of supporters and opponents of the admissibility of the owner's claim for remuneration for the period preceding usucaption.