Property Law nr 2 (155-170)

The contract of sale, exchange, donation or other contract obliging to transfer the ownership of a thing defined as to its identity:

• shall transfer the ownership to the acquirer only if the parties so decide

• shall transfer the ownership to the acquirer unless a separate provision or the parties have decided otherwise

• as a rule, does not transfer ownership to the acquirer

If the object of a contract obliging to transfer the ownership are things designated only as to their kind:

• the transfer of the ownership shall require the special contract concerning those things

• the transfer of the ownership shall require the transfer of the dependent possession of those things

• the transfer of the ownership shall require the transfer of the possession of those things

To the case in which the object of the contract obliging to transfer the ownership are future things shall apply:

• rules relating to the transfer of ownership of thing designated only as to their kind

• rules relating to the transfer of ownership of thing defined as to its identity

• it is not possible to oblige to transfer the ownership of the future things

The ownership of an immovable property:

• cannot be transferred conditionally or with a reservation of a time limit.

• can be transferred conditionally or with a reservation of a time limit.

• can be transferred conditionally, but cannot be transfered with a reservation of a time limit.

The contract obliging to transfer an immovable property shall be concluded in the form of:

• a written form with the signatures authenticated by a notary

• a simple written form

• a notarial deed

The right of pre-emption:

• comes from the Latin verb emptum (to buy) and preposition pre (after)

• is not recognized by Polish property law

• is used for example In the case of a sale by a co-owner of an agricultural immovable property of his share in the co-ownership

If a person not authorized to dispose of a movable transfers it and releases it to the acquirer, the latter shall acquire the ownership at the moment of obtaining the possession of the thing unless he acts:

• in good faith

• in bad faith

• in accordance with the law

if a thing which has been lost, stolen or otherwise forfeited by the owner is transferred before the lapse of three years from the moment of loss, theft, or forfeiture, the acquirer may acquire ownership only after the lapse of:

• 5 years

• 6 years

• 3 years

In the case of a transfer of ownership of movables encumbered with a right of a third party, such right:

• shall expire at the moment of the release of the thing to the acquirer unless the latter acts in bad faith

• shall never expire

• shall expire at the moment of the release of the thing to the court deposit

Which contract is obliging to transfer the ownership of a thing:

• agency

• tenancy

• exchange