Gloss to the decision of the Supreme Court dated 24 February 2023, file no. III CZP 108/22

Abstract

The Supreme Court, in the justification of the order of 24.02.2023, ref. III CZP 108/22, questioned the existence in the legal system of the construction of the so-called "easement with a content equivalent to the transmission easement." Thus, he challenged the already well-established line of case law of the Supreme Court, as well as of common courts, which allowed the establishment of such an easement. The gloss expresses a critical assessment of the view taken by the Supreme Court and presents arguments in support of it. As a result, the acquisition by way of acquisitive prescription of a transmission easement, as well as an easement corresponding to the content of the transmission easement, was deemed permissible, as justified by the interpretation of Article 172 in conjunction with Article 292 of the Civil Code