Spółdzielcze prawo do lokalu jako prawo osobowo-majątkowe
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Date
1984
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Wydział Prawa i Administracji UAM
Title alternative
Cooperative right to living quarters as a personal and property right
Abstract
The article presents cooperative right to living quarters with a due regard
paid to social function of housing rights designed to fulfill needs of family. It is
expressed in subordination of traditionally property-like elements of housing rights
to legal-family relations. As a result, the housing rights, as the institution of alimentation,
can be contained neither in a category of property rights, nor in a category
of personal rights. Consequently, taking personal and property rights into
consideration in the general theory of civil law was deemed advisable.
Personal or family-personal element has its weight in forming property rights,
especially in socialism. It is manifested in the regulations ref ering to a new and
stable form of socialist property-personal property. In the scope of housing relations
it consists in regulating rights of spouses in a wider context beyond general principles
of property relations in matrimony. The cooperative right to living quarters
assigned in the duration of matrimony belongs to both spouses. Cessation of statutory
community of property in the duration of matrimony does not terminate community
of that right. The community can be dissolved only by court on demand
of one of the spouses. Lease relations in turn, are included in the compulsory
community of spouses in housing regulations, it is the case of lease which originated
before conclusion of matrimony as well. The right formed in that manner can be
in service of whole family as long as it exists as a whole or in a reduced state
(e.g. for a reason of divorce). There is no objection to have that right assigned after
divorce to the spouse children remain with- Not uniform regulation of a right to
living quarters after spouse's death in cooperative law and in housing regulation
is presented next.
Including housing rights to a general category of personal-property rights would
eliminate various regulations refering to sociologically uniform situations. Rights
of that type would enjoy a uniform treatement dictated by housing interests of
family.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 2, s. 109-117