Civil Law Status of Transmission Equipment (Article 49 of the Polish Civil Code)

Abstract

<p>The article provides an analysis of the civil law status of transmission equipment (devices) referred to in Article 49 of the Civil Code (transmission devices). Conducting business activity by a transmission entrepreneur in the field of utility services and waste disposal requires the use of transmission devices. These devices are located on real estate which are not owned by the entrepreneur and in a typical situation they remain permanently connected to such real estate. According to Article 49 of the Polish Civil Code, such devices do not constitute component parts of real estate if they are part of an enterprise. The assessment of the entry of transmission equipment into the composition of the enterprise and their ownership status, especially after entering the composition of the enterprise raises interpretation doubts. Determining who is the owner of transmission equipment is important because the owner of the equipment may be granted (Article 305<sup>1</sup> of the Civil Code) a transmission easement, which is a right related to the ownership of these devices. In this article, an attempt was made to resolve the aforementioned interpretation doubts.</p>