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Characteristics of easement appurtenant in residential relationships
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The purpose of the aticle was to present the problems peculiar to easments established on premises property. It was noted that the execution of the easment may focus on different parts of the encumbered premises (chambers, auxiliary premises or appurtenant premises), which generates a numer of legal doubts. Among other things, an attempt was made to answer the question of whether, and under what conditions, it is permissible to impose an easment on the premises, which at the same time has the status of the owner property. Also analyzed is the case in which there is a disposal of an appurtenant premises against which an easment is exercised. It was further stated that the establishment of an easment on a premises cannot nullify the characteristic of its independence within the meaning of the Law on Premises Ownership, which significantly limits the freedom to shape the content of easments.The article proposes the right way to interpret the Civil Code provisions on easments, in the direction of maintaining the stability and permanence of these rights. A de lege ferenda postulate to supplement Article 290 2 of the Civil Cod is also included.
Title: Characteristics of easement appurtenant in residential relationships
Description:
The purpose of the aticle was to present the problems peculiar to easments established on premises property.
It was noted that the execution of the easment may focus on different parts of the encumbered premises (chambers, auxiliary premises or appurtenant premises), which generates a numer of legal doubts.
Among other things, an attempt was made to answer the question of whether, and under what conditions, it is permissible to impose an easment on the premises, which at the same time has the status of the owner property.
Also analyzed is the case in which there is a disposal of an appurtenant premises against which an easment is exercised.
It was further stated that the establishment of an easment on a premises cannot nullify the characteristic of its independence within the meaning of the Law on Premises Ownership, which significantly limits the freedom to shape the content of easments.
The article proposes the right way to interpret the Civil Code provisions on easments, in the direction of maintaining the stability and permanence of these rights.
A de lege ferenda postulate to supplement Article 290 2 of the Civil Cod is also included.
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