Private law aspects of the real estate market 2200-1S313
1. The real estate - legal, social and economic aspects.
2. The concept of real estate as a subject of trading; types of real estate: land, buildings and premises, agricultural or forest property, monuments, residential real estate, commercial real estate, real estate located in closed areas, real estates in marine ports, other real estates subject to special legal regimes; the constituent parts of the real estate, the principle of supeficies solo cedit, the separatefrom the ground ownership of buildings and structures .
3. Property ownership; perpetual usufruct right and other legal titles to real estates: rights in rem and obligations. The concept of legal status of real estate.
4. Legal issues of land and mortgage registers; land and mortgage register proceedings; land and mortgage registers and land registry.
5. Real estate trade - general issues: (i) the concept of real estate trading: sensu stricto i sensu largo, (ii) unilateral legal actions and transactions on the real estate market; legal forms of transactions regarding real estates; obligatory and in rem effects , validity and effectiveness of legal transactions concerning real properties, (iii) basic forms of transferring title to real properties: sales contract, including conditional and preliminary sales contract, development agreements, donation agreement, exchange contract, contribution of real estate as an in-kind contribution to the company, other ( including transfer of title as a security, datio in solutum, property transfer agreements concluded under public-private partnership), fiduciary acquisition of ownership of real estate, (iv) restrictions on the disposal of real estate (right of pre-emption, right of repurchase), (v) tennacy and lease of the real estate, including so-called a commercial lease agreements (including triple-net leases) (vi) regulations concerining acquiring real estates by foreigners, (vii) power of attorney and spouse's consent in the real estate transactions.
6. Protection of ownership (title) and protection of posession oth the real estate.
7. Limitation and deprivation of rights to real estate; private aspects of spatial planning.
8. Real estate in the inheritance process: (i) a will regarding the real estate, (ii) a specific bequest regarding the property, (iii) sale of shares in the estate including real property, (iv) division of a estate including real property.
9. Legal conditions of trade in residential real estate in the field of commercial (so-called developer's market), cooperative, social and communal housing; detailed issues will cover, for example, the following issues: (i) establishing a separate ownership of the premises by way of a contract or statement, (ii) the concept of common property (condominium) - legal aspects of its management, (iii) rental of residential premises, protection of tenants, occasional rental, (iv) development contract, (v) Krajowy Zasób Nieruchomości and other forms of supporting housing construction.
10. Special legal regulations concerning trade in agricultural real estate: (I) persons entitled to purchase agricultural property without a permit, (ii) administrative control of acquiring agricultural properties, (iii) post-closing obligations of the buyer of agricultural property, (iv) pre-emptive right and the right to purchase (purchase) agricultural property , (v) indirect control of agricultural property turnover - restrictions on trade in shares and stocks in companies owning agricultural real estates, (vi) inheritance of agricultural holdings, (vii) agricultural land lease; legal position, goals and tasks in the field of trade in agricultural real estate of the National Center for Agricultural Support (KOWR); the ownership of agricultural property of the State Treasury.
11. Legal conditions of real estate trade with church legal persons; the concept of alienation of temporal goods by church legal persons; contemporary case law of the Supreme Court regarding the impact of possible violations of canon law in the scope of alienation activities on the validity and effectiveness of legal acts involving the transfer of real estate in the light of common (secular) law.
Type of course
Mode
Prerequisites (description)
Course coordinators
Learning outcomes
1. Knowledge of the sources of law in the field of real estate trading.
2. Knowledge of the roots and ration legis of the specific private law institutions concerning real estate.
3. Ability to define basic and specific real estate law institutions.
4. Ability to reconstruct and apply legal norms related to real estate trading, as well as formulate own conclusions and opinions based on the acquired knowledge.
5. Ability of analysing the background of the legal institution, its axiology and ratio legis.
6. After completing the course the student:
- analyzes legal regulations related to the real estate market
- recognizes the problems of the real estate market
- explains the concepts appropriate to the real estate market.
Assessment criteria
continuous assessment (current preparation for classes and activity), attendance check, student's choice: oral exam, essay, presentation during classes on the agreed subject
Bibliography
G. Bieniek, S. Rudnicki, Nieruchomości, Problematyka prawna., LexisNexis, Warszawa 2013
H. Ciepła, S. Brzeszczyńska, Obrót nieruchomościami w praktyce notarialnej, sądowej, egzekucyjnej, podatkowej, Warszawa 2018
R. Strzelczyk, Prawo obrotu nieruchomościami., C.H.Beck, Warszawa 2016
B. Wierzbowski, Gospodarka nieruchomościami. Podstawy prawne., LexisNexis, Warszawa 2014
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: