What's new at DZP?
On 20 December 2012 the Court of Appeal in Warsaw issued a judgment that dismissed an appeal brought by the capital city of Warsaw against a Regional Court judgment obliging the City to file a declaration of intent to extend the term of the perpetual usufruct for real estate located in an area covered by the Warsaw Decree of 1945, which – as the defendant claimed – was still in an area covered by the decree during the proceedings.
The Court of Appeal judgment (I ACa 722/12) is significant as it concerns the growing problem of a collision between decree claims and a claim brought by a current perpetual usufructuary to extend the term of this right. It is worth adding that in practice this problem is not adjudicated in a uniform manner, with an example being a judgment passed by the Court of Appeal in Warsaw, I ACa 1147/10, in which a difference stance was taken and one which was unfavourable to current perpetual usufructuaries. However, in Supreme Court case law (starting from the judgment of 9 May 2014, I CSK 342/13) the stance taken by DZP in the case in question is the prevailing stance.