Ustanie wieczystego użytkowania – wygaśnięcie prawa czy stosunku prawnego?

Abstrakt

The article deals with the issue of perpetual usufruct cessation in the light of terminology used for the cessation of a subjective right and a legal relation as well as in the light of the relationship between the idea of a subjective right and the construct of a legal relation. The author analyses this extensive and highly complex issue by providing an example of the right to/legal relation of perpetual usufruct. An attempt is made to substantiate the thesis that a combination of subjective rights and the associated duties causes that, in principle, a discussion of the cessation of a subjective right (as well as the creation or changing thereof) also applies to legal duties. In other words, the question of perpetual usufruct cessation is in essence the question of a legal relation cessation (not only the cessation of a subjective right).