Perpetual usufruct fees – cassation appeal to the Supreme Court
The law firm drafted a cassation appeal to the Supreme Court on behalf of a perpetual usufructuary in a case in which a judgment was rendered awarding the perpetual usufructuary a fee for the use of land.
Initially, the case in question involved proceedings to update the annual fee for perpetual usufruct, regulated by the Law of August 21, 1997. About real estate management. Subsequently, the landowner filed a lawsuit for payment of the perpetual usufruct fees affected by the update. The perpetual usufructuary raised the statute of limitations on the landowner’s claim for annual fees for 2009-2010. This allegation was not considered by the courts of both instances deciding the case.
The legal dispute arose on the grounds of Art. 118 and 120 § 1 of the Civil Code, Art. 71 para. 4 of the Real Estate Management Law, as well as Art. 5 of the Civil Code. It addresses the issue of the running of the statute of limitations on the claim for payment of the annual fee for perpetual usufruct in the event that the court proceedings to update the amount of the annual fee did not result in a substantive decision, as well as the issue of abuse of subjective rights by the perpetual usufructuary by raising a plea of the statute of limitations.