TY - JOUR
TI - Due date for claims for damages related to the restriction of the use of real estate in the restricted use area
AU - Jankowiak, Tomasz
TI - Due date for claims for damages related to the restriction of the use of real estate in the restricted use area
AB - The author considers doubts relating to the date from which an indefinite claim arising from a restriction of the use of real estate in the area of limited usufruct is becoming due, which is regulated by Articles 129(2) and (3) and 136(3) of the Environmental Protection Law.
Firstly, the author presents primary conditions for establishing the area of limited usufruct. According to the author, the debtor, in the case of this type of claim, is well aware of its validity and can also easily verify it as to the amount. The author concluded that in the case of perpetual compensation claims related to the restriction of the use of real estate in a limited-use area, they become due when the debtor fails to provide without reasonable delay after the creditor calls on him to do so and from that moment statutory interest for delay should be awarded.
VL - 2024
IS - 1 (38)
SN - 2392-1943
C1 - 2720-3670
SP - 121
EP - 133
DO - 10.4467/23921943RP.24.007.19888
UR - https://ejournals.eu/en/journal/radca-prawny/article/termin-wymagalnosci-roszczen-odszkodowawczych-zwiazanych-z-ograniczeniem-sposobu-korzystania-z-nieruchomosci-na-terenie-obszaru-ograniczonego-uzytkowania
KW - area of limited usufruct
KW - real estate
KW - deed restrictions
KW - environmental protection
KW - late payment interest
KW - enforceability of a claim