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12/2020 %u2013 ISSUE FROM THE COVER

The article: "Sale of indebted real estate - that is: effective transfer of indebted real estate, the expectative of the right to the premises and the rights and obligations under the development contract", published in the December issue of the C.H. BECK "Nieruchomości" (12/2020), by Attorney-at-Law Katarzyna Niekrasz-Gierejko.

The sale of indebted real estate or the expectative of the right to the premises are certainly not new in the legal reality. Recent events: an unexpected pandemic, widespread lockdown and a growing crisis lead to supposition that the scale of the phenomenon will continue to grow. The aim of the article is to present the issues that will be faced by buyers in the short and long term.

In the December issue of the magazine, Katarzyna Niekrasz-Gierejko focuses on the practical aspects of selling real estate encumbered with a contractual and compulsory mortgage, or burdened with  rent, service charges and adiacent fees. The article also discusses the issues of purchasing real estate in a bailiff's auction and selling the expectative of the right to the premises. The whole was supported by practical examples and helpful jurisprudence.






 


10/2020

Article on: "Actio pauliana - effective defense of creditors against debtors concealing their assets in the era of COVID-19 - procedural aspects", by r.pr. Katarzyna Niekrasz-Gierejko, published in the October issue of C.H. BECK "NIeruchomości" (10/2020).

ACTIO PAULIANA is a legal tool that is increasingly used to recover debts. However, few people are fully aware of the wide range of legal actions that can be covered by actio pauliana.

In the October issue of the magazine, Katarzyna Niekrasz-Gierejko focuses on procedural aspects of actio pauliana, describing inter alia: conditions for seeking protection of existing and future claims, securing claims under actio pauliana, determining the value of the subject of dispute, and dealing with the practical problems of pursuing claims under actio pauliana.






 


8/2020 - COVER OF THE ISSUE

Article on: "Actio pauliana - effective defense of creditors against debtors concealing their assets in the era of COVID-19", by r.pr. Katarzyna Niekrasz-Gierejko, published in the August issue of C.H. BECK "NIeruchomości" (8/2020).

ACTIO PAULIANA is a legal tool that is increasingly used to recover debts. However, few people are fully aware of the wide range of legal actions that can be covered by actio pauliana.

In the August issue of the magazine, Katarzyna Niekrasz-Gierejko focuses on the issue of actio pauliana, both in terms of its scope and the possibility of using this tool to enforce public-law liabilities (overdue social security contributions, taxes, customs duties).

Based on a preliminary ruling by the CJEU, Katarzyna Niekrasz-Gierejko indicates how to recover receivables in a situation where the debtor "took" the property abroad. Consequently, in this issue you will find practical information on how widely the actio pauliana can be used, especially in times of a strong economic breakdown by COVID-19 and in the face of the predicted recession.

 





 


6/2020 - ISSUE FROM THE COVER

Article on: "Transfer of ownership to secure a residential property used by the consumer", by r.pr. Katarzyna Niekrasz-Gierejko, published in the June issue of the magazine C.H. BECK "Nieruchomości" (6/2020).

In the June issue of the magazine, Katarzyna Niekrasz-Gierejko discusses issues related to the new provision of Art. 387 (1) of the Civil Code and more.

This provision is important both in notarial practice and in relation to consumers transferring ownership of real estate to secure debts, as it imposes a sanction of invalidity of the contract, which violates the new requirements established by the above-mentioned provision.

 





 


5/2020

Article on: "Transformation of the perpetual usufruct right into ownership - Q & A after the last amendment", by r.pr. Katarzyna Niekrasz-Gierejko, published in the May issue of C.H. BECK "NIeruchomości" (5/2020).

Despite the fact that the Act of July 20, 2018 on the conversion of the right of perpetual usufruct of land built for housing purposes into the ownership right for this land has been in force for over a year - it still generates a number of practical problems in terms of its application.

Particular difficulties arise from some provisions of the last amendment, introduced by the Act of June 13, 2019 amending the Act on the National Property Stock and certain other acts - especially with regard to subjective discounts. In the May issue of the magazine, Katarzyna Niekrasz-Gierejko provides answers to emerging questions and growing doubts.

 





 


2/2020

Article on: "Short-term rental - current implications in judiciary", by Attorney-at-Law Katarzyna Niekrasz-Gierejko, published in the February issue of C.H. BECK "Nieruchomości" (2/2020).

For over two years, work has been underway on the so-called "White Book of the regulation of the tourism promotion system in Poland" - however, there are still no comprehensive legal regulations that would make it possible to clearly state whether renting apartments or rooms to tourists for short periods of time is still within the concept of rental for residential purposes or is already a hotel service.

In the February issue of the magazine Katarzyna Niekrasz-Gierejko:

  • describes the implications of qualifying short-term rental as a hotel service;
  • answers the question of whether the seasonal and short-term rental of real estate should be treated as an economic activity or the so-called private rental;
  • addresses the issue of changing the intended use of the rented object;
  • analyzes the jurisprudence on appealing against the resolutions of housing communities by the owners of such premises;
  • the above issues are discussed in the context of the project of the above-mentioned "White Book".

 





 


10/2019

Article on: "Transformation of the perpetual usufruct right to built-up land for housing purposes into the right of ownership - another amendment to the Act", by Attorney-at-Law Katarzyna Niekrasz-Gierejko, published in the October issue of C.H. BECK "Nieruchomości" (10/2019).

By the Act of June 13, 2019, amending the Act on the National Property Stock and certain other acts, another significant amendment was made to the Act of July 20, 2018, on the conversion of the right of perpetual usufruct of land developed for housing purposes into the ownership of these lands - with legal effect from January 1, 2019.

In the October issue of the magazine Katarzyna Niekrasz-Gierejko:

  • describes the material scope of the act in the context of extending the catalog of land subject to transformation ex lege;
  • refers to changing the rules of the so-called follow up conversion of the law;
  • raises the issue of entrepreneurs' next chance to extend the period of paying fees for the transformation of the law in order to avoid subsidies over de minimis aid;
  • discusses the issue of extending the deadline for reporting the intention to pay a one-off fee in order to benefit from the discount.

 





 


8/2019 - COVER OF THE ISSUE

Article on: "Return of expropriated real estate - legislative changes introduced by the amendment of 4.4.2019 amending the Real Estate Management Act", by Attorney-at-Law Katarzyna Niekrasz-Gierejko, published in the August issue of C.H. BECK "Nieruchomości" (8/2019).

By the Act of April 4, 2019, amending the Act on real estate management, changes were introduced to the Act of August 21, 1997 on real estate management, significantly changing the existing content of Art. 136 above mentioned act - with regard to the return of expropriated real estate, as well as by introducing transitional provisions regulating the deadline for applying for the return.

In the August issue of the magazine Katarzyna Niekrasz-Gierejko:

  • refers to the need to amend the act in the context of two judgments of the Constitutional Tribunal of July 14, 2015, SK 26/14 and of December 12, 2017, SK 39/15;
  • discusses the scope of the changes introduced by the amendment in the context of the possibility of returning a share in an expropriated property (a share in a part of such property) in the event of the passivity of other co-entitled subjects, as well as in the context of the newly added Art. 142a above mentioned act (possibility of returning real estate acquired under the contract);
  • comprehensively analyzes the cases of expiry of the right to return expropriated real estate - also addressing the issue of the so-called transitional provisions.

 





 


6/2019 - ISSUE FROM THE COVER

Article on: "Amendment to the Act on Structuring the Agricultural System and to some other acts", by Attorney-at-Law Katarzyna Niekrasz-Gierejko, published in the June issue of C.H. BECK "Nieruchomości" (6/2019).

On April 26, 2019, Polish Sejm adopted the expected act amending the Act on shaping the agricultural system and certain other acts. In the first half of May, the above mentioned act waited for possible Senate amendments and the President's signature.

In the June issue of the magazine:

  • the need for changes was raised in the context of objective and subjective restrictions in the acquisition of agricultural real estate introduced by the Act of April 14, 2016 on suspension of the sale of real estate owned by the Agricultural Property Stock of the State Treasury;
  • the changes to be introduced by the proposed act were discussed, including in particular cases of acquisition of agricultural real estate by entities other than individual farmers without the consent of the General Director of the National Agricultural Support Center, as well as new requirements for buyers of agricultural real estate.

 





 


5/2019

Article on: "Requiring transmission easements for the needs of transmission devices on State Treasury properties after enfranchisement of state-owned enterprises", by Attorney-at-Law Katarzyna Niekrasz-Gierejko, published in the May issue of C.H. BECK "Nieruchomości" (5/2019).

The issue of usucaption of transmission easement on State Treasury real estate by state-owned enterprises after their enfranchisement is not an easy matter, and as such it has gained many, often different views in both the doctrine and the judicature.

In the May issue of the journal, Katarzyna Niekrasz-Gierejko, referring to the case law of the Supreme Court, discusses the issues of possible admissibility of:

  • acquisition of transmission easement as a result of enfranchisement of transmission companies on transmission equipment - ex lege, i.e. by virtue of law, at the time of enfranchisement of state-owned enterprises on transmission equipment;
  • acquisitive prescription of transmission easement on real estate put into perpetual usufruct.

 





 


4/2019 - COVER OF THE ISSUE

Article on: "Transforming the right of perpetual usufruct into the right of ownership - Q & A", by Attorney-at-Law Katarzyna Niekrasz-Gierejko, published in the April issue of C.H. BECK "Nieruchomości" (4/2019).

The abolition of the right of perpetual usufruct, introduced by the Act of July 20, 2018 on the transformation of the right of perpetual usufruct of land developed for residential purposes into the ownership right to this land, at the date of the article amended already twice, generated a number of unknowns.

In the April period of the magazine Katarzyna Niekrasz-Gierejko, answers to questions that also appeared during trainings at the Beck Academy, including:

  • When does the perpetual usufruct become ownership - regarding the land during development process, which implementes in stages?
  • Do co-owners of a apartment or single-family building bear a joint and several liability for fees for the transformation of the law and must all co-owners sign the application for determining the amount and period of the fees for transformation?
  • What is the impact of the subsequent conversion of a dwelling into a commercial premises on the fact of transforming perpetual usufruct into ownership and on the amount of the calculated fee?

 





 


1/2019 - ISSUE FROM THE COVER

Article on: "Transformation of the right of perpetual usufruct into property rights after 1.1.2019 - amendment to the Act", by Attorney-at-Law Katarzyna Niekrasz-Gierejko, published in the January issue of C.H. BECK "Nieruchomości" (1/2019).

Already on the date of entry into force of the Act of July 20, 2018 on the transformation of the right of perpetual usufruct of land developed for residential purposes into the ownership right to this land, it was known that from January 1, 2019, the law may cause a temporary slowdown in the real estate market - due to the deadlines for issuing certificates. There were also signals from the market about significant financial burdens that would have to be borne by entrepreneurs in connection with subsidies to the market value of land, in excess of the de minimis aid granted.

The January issue of the magazine the changes introduced by the Act of December 6, 2018 amending the Act on the transformation of the right of perpetual usufruct of built-up land for housing purposes into the ownership right to this land is
discussed, including with regard to the new deadline for issuing certificates, standardizing the rules for entries in the land and mortgage registers, changes to the rules of payment for the transformation of the law, as well as establishing the date of granting public aid.

 





 


12/2018 - COVER OF THE ISSUE

Article on: "Transformation of the right of perpetual usufruct into ownership right from 1.1.2019", by Attorney-at-Law Katarzyna Niekrasz-Gierejko, published in the December issue of C.H. BECK "Nieruchomości" (12/2018).

On October 5, 2018, the Act of July 20, 2018 on the transformation of the right of perpetual usufruct of land developed for housing purposes into the ownership title to this land entered into force, which is intended to improve the existing processes of transforming the right of perpetual usufruct on land developed with residential buildings.

In the December issue of the magazine, the following issues were discussed in detail: (i) the transformation of the right of perpetual usufruct of land into the right of ownership by sole virtue of law, (ii) the subject scope of the above mentioned act - in other words, which land is subject to transformation by virtue of law, (iii) certificates confirming the transformation of the law and entries in land and mortgage registers, as well as (iv) fees for transformation.