The right of perpetual usufruct and the principles of a market economy

Abstract

The right of perpetual usufruct is deeply rooted in the Polish legal system. Perpetual usufruct has a long history, and it is unlikely to be abolished in the near future. Therefore, the extent to which the right of perpetual usufruct is consistent with the principles of a free-market economy should be determined. In the present study, this issue has been examined comprehensively by describing the economic aspects of this right. The fees associated with perpetual usufruct can attract individuals who have an interest in establishing this right. However, these fees can also discourage potential usufructuaries. Despite the above, perpetual usufruct fees constitute a steady source of income for territorial self-governments which grant the right to perpetual usufruct of municipal land. In addition to a comprehensive overview of perpetual usufruct fees, this study also involved a survey to determine the extent to which territorial self-governments exercise the legal rights associated with the collection of perpetual usufruct fees.