PROPERTY RIGHTS PROTECTION, OR LEGAL REMEDIES AVAILABLE TO OWNERS UNDER CIVIL LAW

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PROPERTY RIGHTS PROTECTION, OR LEGAL REMEDIES AVAILABLE TO OWNERS UNDER CIVIL LAW

Journal Title: Annuals of the Administration and Law - Year 2014, Vol 2, Issue 0

Abstract

Ownership is the cornerstone of the civil law system. Consequently, it is of great importance that the property right is protected properly. Even though ownership protection is provided for in the Polish Constitution, the provisions contained there are only the starting point for the regulations set out in the Civil Code. Under the Civil Code, property rights are protected by way of: rei vindicatio (“vindicatio of property”), actio negatoria (“action to deny”), supplementary claims, as well as possessory claims and self-help. In case of joint ownership, we may deal with a claim similar to rei vindicatio or a claim similar to actio negatoria. !e principles of property right protection under specific regulations are used for the protection of other rights; what is important in such a case is that they are used in an adequate manner that takes account of the specific nature of those rights.<br/><br/>

Authors and Affiliations

Katarzyna Czerwińska-Koral

Keywords

property right ownership protection rei vindicatio actio negatoria supplementary claims possessory claims self-help possession

EP ID EP421147
DOI -
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