Tomasz Justyński: Co-ownership vs Ownership and Pandora's Box

The Supreme Court of Poland ruled that under Article 199 of the Civil Code, consent for the demolition of a building with separate ownership of premises cannot be granted. This decision emphasizes the protection of property rights and the complexities of shared ownership. The case arose when a landowner sought to demolish a building against the wishes of the apartment owner, highlighting the need for unanimous consent among co-owners. The ruling reinforces that the court cannot authorize actions that infringe on the separate ownership of premises, thus preventing potential private expropriation. The court's stance reflects a commitment to constitutional property protections, despite economic pressures for development.