Prawo użytkowania wieczystego jako pozostałość po epoce socjalizmu realnego - ujęcie socjologicznoprawne

The right of perpetual usufruct was introduced to the Polish legal order during the period of so-called actually existing socialism. Amongst the reasons of its introduction were political and ideological factor, and in particular the conception, according to which a socialist state should not alienate the ownership of land to natural and legal persons. Apart from political and ideological functions, the institution in question also fulfilled a number of socio-economic functions, inter alia it enabled natural persons and housing cooperatives to gain access to land for housing construction. Following the restoration of capitalism, the institution of perpetual usufruct was not eliminated from the Polish legal order and it also continues to function in practice. From a socio-legal perspective, this continuity is a result of the adaptation of the social functions of the institution in question to the changed conditions following the systemic transformation from state socialism t ocapitalism.