Abstract
<p>The article provides an analysis of the civil law status of transmission equipment (devices) referred to in Article 49 of the Civil Code (transmission devices). Conducting business activity by a transmission entrepreneur in the field of utility services and waste disposal requires the use of transmission devices. These devices are located on real estate which are not owned by the entrepreneur and in a typical situation they remain permanently connected to such real estate. According to Article 49 of the Polish Civil Code, such devices do not constitute component parts of real estate if they are part of an enterprise. The assessment of the entry of transmission equipment into the composition of the enterprise and their ownership status, especially after entering the composition of the enterprise raises interpretation doubts. Determining who is the owner of transmission equipment is important because the owner of the equipment may be granted (Article 305<sup>1</sup> of the Civil Code) a transmission easement, which is a right related to the ownership of these devices. In this article, an attempt was made to resolve the aforementioned interpretation doubts.</p>
Highlights
This article discusses issues related to the civil law status of the equipment referred to in Article 49 of the Polish Civil Code[1]
M The article provides an analysis of the civil law status of transmission equipment referred to in Article 49 of the Civil Code
Adopting the view above would lead to the conclusion that, since it is impossible to identify a civil law event which would result in a change in the owner of the transmission facilities after their entry into the composition of an enterprise and loss of the status of component parts of the real estate, it should be assumed that the ownership status of the equipment is identical to that prior to the event in question.[31]
Summary
This article discusses issues related to the civil law status of the equipment (devices) referred to in Article 49 of the Polish Civil Code[1] (transmission equipment, hereinafter referred to as transmission devices). Własność urządzeń przesyłowych a prawa do gruntu, Warszawa 2011, pp. Warciński, [in:] Kodeks cywilny, vol 1: Komentarz do art. Adopting the view above would lead to the conclusion that, since it is impossible to identify a civil law event which would result in a change in the owner of the transmission facilities after their entry into the composition of an enterprise and loss of the status of component parts of the real estate, it should be assumed that the ownership status of the equipment is identical to that prior to the event in question.[31] This would mean that this equipment, as movable property, belong to the owner of the property,[32] who could sell it to the entrepreneur.[33]. Op. cit., p. 288; judgement of the Supreme Court of 22 January 2010, V CSK 195/09, OSNC 2010, no. 7–8, item 116; judgement of the Supreme Court of 22 January 2010, V CSK 206/09, LEX no. 578047; judgement of the Court of Appeal in Szczecin of 17 June 2014, I ACa 147/14, LEX
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