Spółdzielcze własnościowe prawo do lokalu a prawo odrębnej własności lokalu. Przeszłość, teraźniejszość oraz perspektywa na kolejne 100 lat

Abstract

The article is a review of housing cooperative law in the last 100 years. The aim is to approximate one of the limited real rights contained in article 244 of the Civil Code, a cooperative ownership right to a flat. Indication of the most important changes in the cooperative ownership right to housing, made since the independence of Poland. Starting from the first Polish legal act on housing cooperatives, the act on cooperatives from 1920, passing to the Act of 17 February 1961 on cooperatives and their unions, then the Act of 16 September 1982 – Cooperative Law, as well as to the Act of 15 December 2000 on Housing cooperatives. The current provisions of the cooperative ownership right to the premises were presented, which were compared to a fully-fledged right which is the property right. The basic differences between these rights are approximated. The analysis of cooperative law is conducted from the point of view of the need for the existence of a cooperative ownership right to a flat.