Studia Prawnicze KUL, 2022, nr 4
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Browsing Studia Prawnicze KUL, 2022, nr 4 by Subject "housing cooperative bankruptcy"
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- ItemThe impact of housing cooperative bankruptcy on the status of persons entitled under ownership rights to premises. Selected comments on a change in the Supreme Court’s position(Wydawnictwo KUL, 2022) Misztal-Konecka, JoannaThe article presents an extremely important shift in the judicature by Poland’s Supreme Court as regards the assessment of the consequences of the transformation of the cooperative ownership right to a residential unit into the right of independent ownership of a residential unit in the wake of the housing cooperative’s bankruptcy proceedings. Originally, the Supreme Court held that a mortgage that encumbered the cooperative's real estate at the time of the transformation encumbers ex lege the resulting right of the independent ownership of a residential unit. Not until 2019 did the Supreme Court abandon this controversial position, and the ultimate change in its judicature is supported with a wide array of critical underlying motives. The author approves of the recently adopted judicial trajectory, yet with a proviso that the resolution of problems it pertains to be not left to the judicature only, as it requires the definitive intervention of the legislator.