WŁASNOŚĆ URZĄDZEŃ PRZYŁĄCZONYCH DO SIECI PRZEDSIĘBIORSTWA ENERGETYCZNEGO (UWAGI O WYKŁADNI ART. 49 K.C.)
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Date
2000
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Wydział Prawa i Administracji UAM
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PROPERTY OF THE EQUIPMENT INCORPORATED IN THE NETWORK OF A POWER STATION (REMARKS ON INTERPRETATION ON THE ARTICLE 49 OF THE CIVIL CODE)
Abstract
The Author interprets the article 49 o f the Civil Code and formulates a thesis that such
devices - by virtue o f the mentioned article - are separated movable goods and by no means they
are not integral fractional part o f any immovable property. So, the article 49 does not permit to
recognize such goods as being fractional parts of any immovable property with which they are
durably connected nor o f real estate on which they were constructed nor o f other immovable property,
e.g. property that is belonging to the enterprise into which they are incorporated.
Power station does acquire rights to the above mentioned equipment starting from the very
moment of their incorporation. The incorporation does not however mean mere connection o f an
equipment to the power network in a physical sense. In fact, we must consider that such an
incorporation equals to the result involved with concluding an agreement on incorporation. Because
just on the basis o f a contract concluded with the power station the equipment mentioned
becomes fractional part of the enterprise as its movable goods.
Depending on a contents o f the contract on incorporation - the power station can acquire an
ownership of this equipment or another property law such as, for instance - renting, usufruct or
leasing. Such a right shall be one o f integral parts of the assets of the enterprise (article 551 of the
Civil Code).
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 62, 2000, z. 4, s. 19-34