PERMITTED SELF-HELP AS AN INSTRUMENT OF PROPERTY PROTECTION

• Main Author: Dariusz Trendel
• Format: Article
• Language: English
• Published: Bielsko-Biała School of Finance and Law 2017-10-01
• Series: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
• Subjects: possession; self-help; self-defence; movable property; real property
• Online Access: http://asej.eu/gicid/01.3001.0012.2628

The paper indicates instruments of possession protection as well as description of their distinctive or dependent character. The differences between an owner-like and a subsidiary owner have been defined. Self-help nature was shown as an operating tool without authorities' approval. A time relationship nature was described, which must occur between threat and action. Moreover, a variety of rights concerning real property and movable property was mentioned. Also a distinction between self-help and selfdefence was indicated. The development of self-help in Poland was described, as well as its progress from ancient times. Additionally, self-help was defined and its publication in provisions of Civil Code. Persons authorised to possession protection, were mentioned, including a term of owner, co-owner, holder, and a holder of precarium. The paper also describes premises concerning infringement of movable property and real property possession, as well as immediacy. Also a legal nature of an aggressor and a person entitled to protection was discussed.