Studia Iuridica Lublinensia
type: channel
description: Studia Iuridica Lublinensia is a scientific journal founded in 2003 at the Faculty of Law and Administration of the Maria Curie-Skłodowska University, Poland. The journal publishes scientific articles, commentaries on judicial decisions, reviews and scientific conference reports, especially in the area of legal sciences (law). Studia Iuridica Lublinensia is issued four times a year. The editorial board may decide to release a special issue published as part of the regular publishing schedule or as an additional issue. Special issues are released to present specific research problems that are novel, particularly topical and contribute to filling a cognitive gap in the area of legal sciences. Since 2018, all scientific articles have been published in Studia Iuridica Lublinensia in English. The Polish-language version of an article may be published on the journal's website as an illustrative version if this is justified by the specificity of the Polish legal language and the possibility of using the research results in the practice of law-applying bodies. The editorial board may decide, on an exception basis, to publish a scientific article in French or German if this is justified by the research subject matter of the paper. Commentaries on judicial decisions are published in both English and Polish, due to the practical nature of this form of publication and the specific characteristics of the Polish legal language, and thus the possibility to pursue a regular dialogue between the courts and legal scholars. The journal is published in an electronic version on the basis of open access. Studia Iuridica Lublinensia is on the list of scored scientific journals kept by the Minister of Education and Science and is indexed in Polish and international databases. Indexing: SCOPUS; BazHum; BazEkon; Biblioteka Nauki (Library of Science); Directory of Open Access Journals (DOAJ); EBSCO; Index Copernicus International (ICI Journals Master List); Google Scholar; POL-index; The Cent…
publisher: Wydawnictwo Uniwersytetu Marii Curie-Skłodowskiej
language: en-US
publication name: Studia Iuridica Lublinensia
issn: 1731-6375
copyright: Full copyright statement can be read here
items: Title-Page and Table of Contents
items: Mobbing in the Institutional Work Environment: The Example of Polish Prosecutors’ Offices
items: In Search of the Boundaries of Roman Public Law: Some Remarks on Polish Compendia of the Subject
items: Legislation on the Appointment of Heads of Autonomous Central Public Administration Entities in Hungary, the Czech Republic and Slovakia
items: Contemporary Dimension of Cultural Security
items: The Balance Between Free Trade and Health Care: Challenges Faced by the World Trade Organization in the Context of Trade in Medicines
items: Cyberviolence against Women
items: Legal and Financial Mechanisms of Income Support for Agricultural Producers in the Face of Agricultural Crises
items: Criminal Liability for Transporting Drugs Outside the Territory of the Republic of Poland
items: A Few Notes on Arousing a Well-Founded Fear as an Element of the Offence of Criminal Threat
items: Salus populi suprema lex esto in Jan Marquart’s 1650 Dissertation
items: The Phenomenon of “Pseudolaw”: Preliminary Characteristics
items: The Loyalty of Evidence in Light of the Romanian and European Doctrine and Case Law
items: The Concept of a Donor under the Act of 1 July 2005 on the Procurement, Storage and Transplantation of Cells, Tissues and Organs: Remarks De Lege Lata and De Lege Ferenda
items: Digital Platforms and Local Tourist Tax in Slovakia as Seen by Accommodation Providers
items: Calculation of the Adverse Possession Period for a Transmission Easement: An Approving Commentary on the Decision of the Supreme Court of 24 February 2023 (III CZP 108/22, Legalis no. 2899506)

Title-Page and Table of Contents
type: item
creator: Jarosław Kostrubiec
rights: Copyright (c) 2025 Jarosław Kostrubiec http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 1
ending page: 7
doi: 10.17951/sil.2025.34.4.1-7

Mobbing in the Institutional Work Environment: The Example of Polish Prosecutors’ Offices
type: item
description: The survey is part of an identified research gap, which is the issue of mobbing behavior in the environment of common organizational units of the Polish prosecutor’s office. Data was collected by asking 1,891 people (which constituted 12.6% of all employees) in an anonymous survey, both prosecutors and assessors, as well as administrative staff, at all levels of the Polish prosecutor’s office. This is the first study of its kind in Poland and one of the few in general that addresses the institutional legal community. The findings confirm the fact that incidents of harassment at work are more frequent in organizations where duties are routine. The phenomenon of mobbing in the Polish prosecutor’s office is present and is not only of a marginal, incidental nature. Over a quarter of interviewees experienced at work behavior that falls under the statutory definition of mobbing. As expected, the predominant type of professional relationship in which mobbing occurs is a subordinate professional relationship (73% of cases), although in as many as 12% of cases mobbing occurred in equivalent relationships. The results also show the disturbing fact that this type of behavior is not reported (as many as 68% of the mobbed); the main reason being the lack of belief in the effectiveness of such actions and the lack of faith that formal disclosure will change anything. In the light of the facts learned, ways to overcome the identified negative phenomena are given as recommendations.
creator: Aleksandra Malinowska-Bizon
creator: Wojciech Bizon
rights: Copyright (c) 2025 Aleksandra Malinowska-Bizon, Wojciech Bizon http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 11
ending page: 27
doi: 10.17951/sil.2025.34.4.11-27

In Search of the Boundaries of Roman Public Law: Some Remarks on Polish Compendia of the Subject
type: item
description: Roman public law is a source of knowledge about the relations between the state and the individual, the family, or, more generally, the society in ancient Rome. However, this concept is often viewed as somewhat vague, especially when trying to grasp its actual scope based on the research literature on the subject. Things are getting even more complicated due to the mutual permeation of Roman public law and private law, the latter prevailing in source texts. Speaking of the research literature, authors seem to offer no more than a skin-deep analysis of both the concept and the content of Roman public law. Consequently, the topics and content of works on Roman public law vary substantially in terms of scope. Jurists and Roman law experts most often attempt to reconstruct the history of the Roman political system, and the historians of antiquity are more inclined to explore the social history of Rome, so the balance happens to be far from even. However, are these two domains fundamentally different from each other, or do they intersect anyway? What do we expect from research publications on Roman public law? Presentation of the political history of Rome? Attempts to reconstruct the public law system? Or maybe a clearer picture of the relations between the Roman state and its people as a community of citizens? The author’s point of departure for consideration of the actual scope of Roman public law is recent studies on the subject published in Poland.
creator: Bożena Czech-Jezierska
rights: Copyright (c) 2025 Bożena Czech-Jezierska http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 29
ending page: 49
doi: 10.17951/sil.2025.34.4.29-49

Legislation on the Appointment of Heads of Autonomous Central Public Administration Entities in Hungary, the Czech Republic and Slovakia
type: item
description: The research article offers a comparative analysis of the legislative frameworks governing the appointment of heads of autonomous central public administration entities in Hungary, the Czech Republic and Slovakia. The relevance of the subject matter lies at the intersection of administrative law and public governance, addressing the critical question of how legal provisions shape the institutional autonomy and professionalism of state bodies. Although the three countries share common historical and regional characteristics, the study reveals significant differences in the legal regulation and practical execution of appointments. The central thesis posits that legal frameworks alone are insufficient to guarantee institutional independence if political discretion and informal practices undermine transparency and merit-based selection. The research aims to evaluate the degree of formal autonomy, the safeguards against politicisation, and the effectiveness of legal norms in ensuring impartiality. The originality of the research stems from its interdisciplinary and comparative approach, integrating doctrinal legal analysis with an examination of administrative realities. While the scope of the study is national, its relevance extends across Central Europe and the broader EU context. The findings contribute meaningfully to ongoing academic and policy debates on good governance, rule of law, and institutional integrity in public administration.
creator: Gábor Hulkó
creator: András Lapsánszky
rights: Copyright (c) 2025 Gábor Hulkó, András Lapsánszky http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 51
ending page: 81
doi: 10.17951/sil.2025.34.4.51-81

Contemporary Dimension of Cultural Security
type: item
description: Cultural security determines the creative potential of a particular society. Culture, in turn, proves the identity from which the entire development process of a given nation is derived. Contemporary societies, especially in the era of globalisation and intensified migration, are facing the challenge of managing cultural diversity and protecting their unique traditions. Understanding and protecting the various dimensions of cultural security pose a particular challenge that requires an integrated approach and cooperation, not only on an international level but also, in particular, support for local communities in preserving and nurturing their heritage. The research hypothesis is that cultural security is one of the elements of state security, one that influences its social and political stability. In order to verify it, an interdisciplinary approach combining legal, sociological, political, and cultural perspectives was used by conducting a source literature analysis, an analysis of legal acts and international documents, as well as case studies. The research findings indicate that states with effective cultural policies are more resilient to hybrid threats, disinformation, and polarisation.
creator: Zbigniew Werra
creator: Krzysztof Kaczmarek
creator: Michał Polak
rights: Copyright (c) 2025 Zbigniew Werra, Krzysztof Kaczmarek, Michał Polak http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 83
ending page: 99
doi: 10.17951/sil.2025.34.4.83-99

The Balance Between Free Trade and Health Care: Challenges Faced by the World Trade Organization in the Context of Trade in Medicines
type: item
description: The role of the World Trade Organization (WTO) essentially boils down to regulating trade, but in the face of growing cross-border health challenges, such as infectious diseases, we are witnessing an expansion of the WTO’s scope of influence into matters in other branches of law. The COVID-19 pandemic exposed the WTO’s structural weaknesses in responding to global health crises. The paper addresses the issue of trade in medicines within the WTO, focusing on the legal framework currently in effect, its operation in practice, and the challenges arising out of the need to ensure global access to medicines. It primarily analyses the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), including the flexibilities, and the Doha Declaration, which aimed to reconcile the protection of intellectual property rights with the exercise of the right to health. It also assesses recent initiatives aimed at the reform of the WTO system in the context of cross-border threats. The article demonstrates that a more flexible approach to interpreting WTO rules is needed, taking into account the importance of public health. It also concludes with de lege ferenda proposals on the need to strengthen synergies between the international trade system and the exercise of the right to health. The article is of a scientific and research character. The issues presented have an international impact. The paper can be of cognitive value for both scientific and practical spheres.
creator: Paulina Krukowska-Siembida
rights: Copyright (c) 2025 Paulina Krukowska-Siembida http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 101
ending page: 116
doi: 10.17951/sil.2025.34.4.101-116

Cyberviolence against Women
type: item
description: Cyberviolence is an increasingly pressing issue in today’s world. Driven by technological development and widespread access to the Internet, it has become a global phenomenon unconstrained by time or space. This form of violence, manifested through harassment, abuse, and harmful behaviour on social media, has a tangible impact on everyday life, particularly for girls and women. This article analyses the phenomenon of cyberviolence against women and the legal instruments available to address it, focusing in particular on Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence, as well as relevant provisions in Polish law. It also presents the scale of cyberviolence in Poland and across Europe, based on a comparison of official data and statistics collected at national and EU levels.
creator: Magdalena Lesińska-Staszczuk
rights: Copyright (c) 2025 Magdalena Lesińska-Staszczuk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 117
ending page: 129
doi: 10.17951/sil.2025.34.4.117-129

Legal and Financial Mechanisms of Income Support for Agricultural Producers in the Face of Agricultural Crises
type: item
description: The subject of the article is issues related to the attitude of the legislator to the occurrence of certain deformations in the agricultural market, which reduce the financial security of agricultural producers. These deformations are associated with the appearance of negative economic phenomena, such as risks, crisis situation or crisis. They disrupt the profitable operation of farms and, in extreme cases, lead to the extinction of agricultural activities. The purpose of the article was to try to answer the question of whether the normative solutions proposed at the EU level protect the income of agricultural producers in the face of the occurrence of crises in agriculture. The article concludes that the legal and economic instruments adopted within the framework of the Common Agricultural Policy for 2023–2027 largely do not meet the current needs arising from the protection of the livelihoods of EU agricultural producers. This is due to the fact that they are not adequate to deal with the effects of the current multiple crises in the agricultural market, related to the war in Ukraine, the occurrence of large-scale negative climatic phenomena. and the still felt effects of the COVID-19 pandemic crisis. This causes agricultural producers to fail to cope with its negative effects.
creator: Izabela Lipińska
rights: Copyright (c) 2025 Izabela Lipińska http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 131
ending page: 145
doi: 10.17951/sil.2025.34.4.131-145

Criminal Liability for Transporting Drugs Outside the Territory of the Republic of Poland
type: item
description: The article examines the issue of criminal liability for the transport of drugs outside the European Union or within its borders, but excluding the territory of Poland. Due to the introduction of a legal definition of transport and the change in the current content of Article 55 of the Act of 29 July 2005 on counteracting drug addiction, introduced by the amendment of 1 April 2011, such acts currently remain outside the scope of penalization of this Act. The author attempts to demonstrate that the legislator’s oversight, resulting in internally contradictory and illogical criminal law consequences, necessitates urgent intervention on their part. It certainly does not authorize judicial practice to apply an interpretation that extends the scope of penalization of Article 55 of the Act of 2005. Ensuring the extraterritorial effectiveness of the criminal law norm expressed in this provision may only provide such an approach to transport that does not require its reference to the borders or territory of the Republic of Poland.
creator: Katarzyna Łucarz
rights: Copyright (c) 2025 Katarzyna Łucarz http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 147
ending page: 164
doi: 10.17951/sil.2025.34.4.147-164

A Few Notes on Arousing a Well-Founded Fear as an Element of the Offence of Criminal Threat
type: item
description: The paper is of a scientific and research nature. The aim is to analyse and assess the reasonableness of the changes made to Article 190 § 1 of the Polish Criminal Code, which were introduced by the Act of 7 July 2022 amending the Criminal Code and certain other acts. It consisted in raising the upper limit of penalty range (from two to three years of imprisonment) and replacing the phrase “to the detriment of the closest person” with the phrase “to the detriment of the person closest to that person”. The most important in the context of the study was the introduction of the phrase “if the threat gives rise to a justified fear in the person to whom it is addressed or to whom it relates, that the threat will be fulfilled”, instead of “if the threat gives rise to a well-founded fear in the person being threatened, that the threat will be fulfilled”. For a proper understanding of the ratio legis, the analysis of the changes was preceded by remarks of a historical nature and pointing to doubts regarding the interpretation of the elements “threatened” and “gives rise to a justified fear in the person”. Reference was also made to the procedure for prosecuting the offence of criminal threat (Article 12 § 4 of the Criminal Procedure Code), modified by the amendment of 7 July 2022. The basic research method used in the paper is formal-dogmatic analysis. The practice of applying the law is also taken into account using the analysis of judicial decisions.
creator: Katarzyna Nazar
rights: Copyright (c) 2025 Katarzyna Nazar http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 165
ending page: 179
doi: 10.17951/sil.2025.34.4.165-179

Salus populi suprema lex esto in Jan Marquart’s 1650 Dissertation
type: item
description: In May 1650, a dissertation by Jan (Ioannes) Marquart titled Dissertatio iuridica De damno iniuriae was published in the academic printing house in Vilnius. From the information presented on the title page of the dissertation, we can surmise that it was the basis for awarding the author a doctorate. Jan Marquart was sometimes mentioned as one of the first graduates of the Faculty of Law of the Vilnius Academy from the early period of its functioning, namely 1644–1655. For the author of De damno iniuriæ, the Latin paremia Salus populi suprema lex esto was to be the keynote of the dissertation, the guideline for further considerations. Its uniqueness for Jan Marquart can be evidenced by the way it is cited in the dissertation and the special font size used to highlight it. The paremia was also intended to justify the need for a synthetic discussion of regulations regarding the protection of the state and its interests, for which the author of De damno iniuriæ devoted several editorial units bearing the Roman numerals: I through VI. Jan Marquart recognized that Justinian I the Great, in codifying the law and adapting it to changing socio-economic relations, was guided in his codification endeavor by the principle that the welfare of the republic is the supreme law. On the other hand, it is surprising that the author of De damno iniuriæ cited the Law of the Twelve Tables, without specifying a particular table, as an indication of the origin of this fundamental principle, which is a guarantor of the proper exercise of power. It is difficult to say whether he consciously overlooked the fact that several centuries later, in Cicero’s De legibus, we can find this paremia as an indication of the duties of citizens to the state. Perhaps Jan Marquart’s reference precisely to the Law of the Twelve Tables was intended to raise the profile of the cited maxim and indicate its statutory, fundamental nature.
creator: Piotr Niczyporuk
rights: Copyright (c) 2025 Piotr Niczyporuk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 181
ending page: 196
doi: 10.17951/sil.2025.34.4.181-196

The Phenomenon of “Pseudolaw”: Preliminary Characteristics
type: item
description: The subject of this research is the phenomenon of “pseudolaw” in the form of sovereign citizens movements and so-called Organized Pseudolegal Commercial Arguments (OPCA). These are ideologies that deny the legitimacy of a democratic state governed by the rule of law and replace statutory law with their own absurd interpretations of legal concepts. The focal point of this research endeavor is to elucidate the mechanisms through which these movements adapt in Poland, a nation where this phenomenon remains underappreciated by state authorities and within the corpus of legal literature. The primary argument of this study is that pseudo-legal ideologies, despite their present limited scope in Poland (with several thousand active adherents), demonstrate a worrisome upward trend. This trajectory, as evidenced by Western experiences, has the potential to compromise the effective functioning of the justice system and public safety. The objective of the present study is to furnish a preliminary description of the origins, evolution, and manifestations of the phenomenon in the Polish context, with particular emphasis on social media. The study’s novelty stems from its exhaustive examination of the phenomenon within the Polish context, which significantly expands upon the scope of previous sporadic observations. The research is international in scope, covering a comparative analysis of practices in the United States, Canada, Germany (Reichsbürger), Austria, and other European countries, with application to the specific Polish context. The cognitive value of this approach pertains to two distinct yet interconnected domains. Firstly, from the vantage point of legal science, it facilitates the identification of novel threats to the legal order. Secondly, from the perspective of the practice of state authorities, it fosters the development of strategies to counteract these threats in accordance with democratic values.
creator: Radosław Pastuszko
rights: Copyright (c) 2025 Radosław Pastuszko http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 197
ending page: 209
doi: 10.17951/sil.2025.34.4.197-209

The Loyalty of Evidence in Light of the Romanian and European Doctrine and Case Law
type: item
description: This article is a conceptual and scientific study that examines the principle of loyalty in the administration of evidence within civil proceedings. Initially developed in criminal procedural law, the concept is increasingly relevant in civil matters due to the growing complexity and technologization of legal relations. The study identifies loyalty of evidence as a fundamental guarantee of a fair trial, requiring that proofs presented before the court be authentic, reliable, lawfully obtained, and respectful of the parties’ rights. The central thesis is that loyalty of evidence must be balanced against the protection of the right to private life under Article 8 of the European Convention on Human Rights. The research aims to highlight the necessity of clear and balanced procedural norms governing admissibility of evidence, particularly where sensitive or confidential data are involved. The originality of the study lies in linking the doctrine of loyalty of evidence in civil proceedings to contemporary challenges in privacy protection and data handling. Its scope is national, with references to European standards. The findings provide cognitive value both for legal science, by clarifying a relatively underexplored principle in civil procedure, and for judicial practice, by suggesting a framework that reconciles fair trial guarantees with the protection of private life.
creator: Adrian Stoica
rights: Copyright (c) 2025 Adrian Stoica http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 211
ending page: 226
doi: 10.17951/sil.2025.34.4.211-226

The Concept of a Donor under the Act of 1 July 2005 on the Procurement, Storage and Transplantation of Cells, Tissues and Organs: Remarks De Lege Lata and De Lege Ferenda
type: item
description: This article is of a scientific and research character and focuses on concepts related to the subjective aspect of donation, as employed by the Polish legislator in the Act on the Procurement, Storage and Transplantation of Cells, Tissues and Organs, as well as in the relevant legal instruments of the European Union, namely a regulation and directives. The key concepts of “donor” and “living donor” are legally defined, whereas a number of other concepts, equally significant to the transplantation process, are not explained in any of the legal acts analysed. Nonetheless, legislators frequently employ terms such as “bone marrow donor”, “organ donor”, “potential donor”, and “donor candidate”, as well as the titles “Transplant Donor” and “Distinguished Transplant Donor”. The purpose of this paper is therefore to examine these terms and attempt to determine their meaning. It is argued that the multiplicity of terms relating to the subjective aspect of donation and its various stages, as well as the multiplicity of their legal definitions, prevents a clear determination of their meaning and of the precise relationship between them. The problems associated with interpreting the concept of a donor and related terms are not merely theoretical. They are of considerable practical significance, as the different stages of the transplantation procedure entail distinct rights and obligations for healthcare providers, medical professionals, donors themselves, potential donors, and donor candidates. Given that this issue has rarely been the subject of in-depth scholarly analysis, it is anticipated that research in this area, and the dissemination of its findings, may contribute to the development of new legislative solutions.
creator: Dominika Tykwińska-Rutkowska
creator: Agnieszka Wołoszyn-Cichocka
rights: Copyright (c) 2025 Dominika Tykwińska-Rutkowska, Agnieszka Wołoszyn-Cichocka http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 227
ending page: 247
doi: 10.17951/sil.2025.34.4.227-247

Digital Platforms and Local Tourist Tax in Slovakia as Seen by Accommodation Providers
type: item
description: The authors focused on local taxation in Slovakia, specifically local tourist tax on short-term accommodation in light of lately changed legislation involving digital platforms like Airbnb or booking.com, which already play a significant role in tourism and accommodation reservations, into the process of tax collection. The article presents the results of a questionnaire survey focused on the views of accommodation providers, digital platforms and their role in the provision of their services, as well as the local tourist tax applied in Slovakia in the form of accommodation tax. The authors found out that 80% of the respondents believe that the use of electronic platforms increases the number of guests and profit from the accommodation, but, surprisingly, more than half (55%) of the hosts were unaware of the possibility of remitting the tax via the platforms, while more than a third (36.1%) would use this option. This is relevant regarding the fact that these respondents rated the Slovak accommodation tax system as problematic (claiming excessive administrative burden, complexity and frequent changes in legislation, and lack of information). Nevertheless, other respondents also rated the current system negatively, which may be a factor contributing to the tax gap. Based on the findings, it was concluded that the involvement of digital platforms in collecting tourist taxes could be beneficial for the hosts and local self-government. The main conclusions include suggestions for tax administrations and legislators in this context.
creator: Anna Vartašová
creator: Karolína Červená
creator: Monika Čonková
rights: Copyright (c) 2025 Anna Vartašová, Karolína Červená, Monika Čonková http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 249
ending page: 267
doi: 10.17951/sil.2025.34.4.249-267

Calculation of the Adverse Possession Period for a Transmission Easement: An Approving Commentary on the Decision of the Supreme Court of 24 February 2023 (III CZP 108/22, Legalis no. 2899506)
type: item
description: The Supreme Court in the commented decision of 24 February 2023 (III CZP 108/22, Legalis no. 2899506) negatively assessed the existence (in the period from 1 January 1965 to 2 August 2008, i.e. before the provisions of the Civil Code regarding transmission easements came into force) of an easement “the content of which corresponds to the content of a transmission easement” and found it unacceptable to add the time of possession of such to the period of possession of the transmission easement necessary to acquire it by adverse possession. The Supreme Court formulated the above conclusions on the basis of the principle of non-retroactivity of civil law norms (Article 3 of the Civil Code). The dominant position in the jurisprudence should be considered as approving the taking into account, when calculating the period of adverse possession of a transmission easement, the time of use by an entrepreneur of another person’s property in the period before the provisions on transmission easements were added to the Civil Code. The commented decision is therefore an exception to the dominant view of the judiciary and, as such, deserves comment. The commentary approved the view expressed by the Supreme Court. Due to the fact that the legal issue formulated by the District Court in the case concerned “land easement with content corresponding to a transmission easement”, the commentary also referred to the issue of the existence of such easements in the period from 1 January 1965 to 2 August 2008 and the inclusion of their possession towards adverse possession of the transmission easement.
creator: Michał Zalewski
rights: Copyright (c) 2025 Michał Zalewski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
volume: 34
number: 4
starting page: 271
ending page: 286
doi: 10.17951/sil.2025.34.4.271-286