POSIADANIE W SŁOWACKIM KODEKSIE CYWILNYM – ZAGADNIENIA WYBRANE NA TLE POLSKIEJ REGULACJI PRAWNEJ

Abstrakt

Possession is one of the fundamental institutions of civil law, both in Polish and Slovak law. The article describes the institution of possession, in particular by analyzing the provisions of the Slovak Civil Code. The publication also contains references to the Polish Civil Code, in order to make a general comparison of the regulation of the institution of possession in the Slovak and Polish legal systems. After analyzing the provisions and, to some extent, the views of the doctrine and jurisprudence, it can be concluded that possession is regulated in a similar way in both legal systems. In particular, the content of possession and its components (corpus and animus) are treated analogously. Moreover, for both the Slovak and Polish legislators, the effects of possession are primarily important. The protection of possession is particularly important, but it is different in the provisions of the Slovak Civil Code compared to the Polish Code. Moreover, in comparison to the Polish regulation, the Slovak Civil Code provides, in addition to the possession of a thing, also the possession of a right.