Służebność mieszkania jako rodzaj służebności osobistej we współczesnym prawie polskim i prawie rzymskim

Abstract

The subject of this paper is to present the servitude of habitation in the current state of the law, taking into account the servitude of habitation in Roman law. The subject is discussed in light of the current legislation under the Law of April 23, 1964, the Civil Code and certain other laws. The presentation of the essence of the servitude of habitation leads to the conclusion that it is a mechanism that allows one to take care of loved ones as well as oneself. Passing an apartment to relatives, allows one to secure one's rights to the premises, and this security for the future is precisely the servitude of habitation as a type of personal servitude. This right is even broader, as it provides the opportunity to take care of relatives, such as minor children, spouses, persons supported, and persons needed to run the household. The provisions of the Civil Code allow for the care of people who for some reason, whether it be age or illness, are unable to support themselves. The legal provisions that regulate the servitude of habitation were analysed. In particular, the focus was on the interpretation of the legal provisions. Legal commentaries helped in this. In analysing the above, the question arises as to whether the servitude of habitation should be further developed to make it even clearer in some way.