Uprawnienie do nieodpłatnego przekształcenia prawa użytkowania wieczystego w prawo własności nieruchomości

Abstract

The current regulations allow specific categories of entities to lodge an application to convert the right of perpetual usufruct of these properties into property right. This entitlement is, in principle, payable. The legislator provided an exception to this principle by introducing the possibility of transforming the right of perpetual usufruct into a right of ownership free of charge. The legislator linked this right with a specific group of entities, justifying this by obtaining the perpetual usufruct right in exchange for expropriation or taking over the property for the benefit of the State Treasury. While this premise does not raise any doubts, much of the controversy arises from the notion of successor of authorized entities, used in art. 5 of the Act. The purpose of this article is to present current legal regulations related to the administrative and legal possibility of transforming the right of perpetual usufruct into the property right. The catalog of entities entitled to request a free transformation of the right of perpetual usufruct into the property right was analyzed, with particular reference to legal successors of authorized entities.