Studia i Prace WNEiZ US

This article presents issues concerning the encumbrance of real estate owned by the state treasury or other local self-government units with limited property rights, in particular in the context of the admissibility of the free-of-charge encumbrance of public real estate with limited property rights. Article 13 of the Act of 21 August 1997 concerning real estate management (consolidated text, Journal of Laws of 2015, item. 1774, as amended) provides that, reserving exceptions arising from laws, public real estate can an object of trade, and one of the forms of trade is the encumbrance of these real estate with limited property rights. On the other hand Article 14 sec. 2 of the same Act provides, that the real estate owned by the state treasury can be encumbranced, free-of-charge, with limited property rights for the sake of local self-government units. Real estate owned by local self-government units can be thus encumbranced with limited property rights for the sake of the state treasury or other local self-government units free-of-charge. In the background of these provisions the question of their interrelation remains, in particular, wether Article 14 sec. 2 of the Act concerning real estate management, determines all the situations (exclusively and in a closed manner), when the allowed encumbrance of real estate owned by the state treasury (or local self-government units) with limited property rights will be free-of-charge, or whether the provision applies only to a certain, specified area, and therefore does not exclude the possibility of the free-of-charge encumbrance of treasury(or self-government unit) owned real estate with limited property rights, and more so as the appointed law provides other forms of free-of-chargé disposal of real estate owned by the state treasury and local self-government units, e.g. the donation agreement or lending.