Change of the Yearly Fee in the Case of the Common Fractional Eternal Right of Use

Abstract

The paper sought to answer the question whether it is permissible to charge different percentage rates of the yearly fee on eternal co-users of one estate with respect to the fact whether the contribution of a given person in the eternal right of use is connected with a business establishment or living residence. Basing himself on the interpretation of art. 73 section 2 of the act of 21^st August 1997 on property dealing, the author deemed it right that in the case of transforming the right of eternal use into fractional commonality this act may change “the basic goal” of the whole property, on which the yearly charge depends.