Nov 7, 2006 12:28
17 yrs ago
Polish term

wartosc sluzebnosci mieszkania

Polish to English Law/Patents Law (general) notary act - mortgage register
z Akru Notarialnego - strony podaja roczna wartosc ustanowieniej w par.4 sluzebnosci mieszkania na kwote xxx

Proposed translations

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value of the easement/right of habitation/dwelling

http://195.83.177.9/code/liste.phtml?lang=uk&c=22&r=368

http://www.jusbelli.com/Bouvier/bouvier1856_right.html
RIGHT OF HABITATION. By this term, in Louisiana, is understood the right of dwelling gratuitously in a house, the property of another. Civ. Code, art. 623; 3 Toull. ch. 2, p. 325; 14 Toull. n. 279, p. 330; Poth. h. t., n. 22-25.

BARDZO WAŻNY JEST PIERWSZY AKAPIT, W KTÓRYM DOKŁADNIE OPISUJE SIE CZYM JEST RIGHT OF HABITATION, A MIANOWICIE JEST SŁUŻEBNOŚCIĄ OSOBISTĄ (PERSONAL SERVITUDE; EASEMENT=SERVITUDE), KTÓRA SŁUŻY ZAGWARANTOWANIU PRAWA DO ZAMIESZKIWANIA W DANYM LOKALU. CZYLI JEST TO DOKŁADNY ODPOWIEDNIK SŁUŻEBNOŚCI MIESZKANIA.
http://www.meocpa.com/usufruct.html
Right of Habitation

Sometimes a person can donate or leave just a right of habitation to a person and not a full usufruct. A right of habitation is a nontransferable real right of a natural person to dwell in the house of another. The right cannot be encumbered, sold, transferred, donated or transferred at death. Habitation is a personal servitude, namely, a charge on a property in favor or a person, akin to but more limited than a usufruct. This is a good means of providing a guaranteed right to a person's parent or family member that insures they will have a place to stay.

The right of habitation is established and is extinguished in the same manner as is the right of usufruct. Since the right involves an immovable, its creation must be written and recorded in the parish records. If created by will, it must be in proper form for a will. Since the right can only be established for a dwelling and as a place to live for the recipient, the object of the right can only be a place of dwelling.

The person who holds the right of habitation is entitled to the exclusive use of the dwelling or the part assigned to him and, provided that he resides therein, he may receive friends, guests and boarders. He is obligated to use the property as a prudent administrator and at the expiration of his right to deliver the dwelling back to the owner in the condition in which he received it, ordinary wear and tear excepted.

The holder of the right of habitation is responsible for the ordinary repairs to the dwelling, for the payment of the taxes and for other annual charges as would be a usufructuary. If he only holds a right to a part of the dwelling, then he is responsible for these items in proportion to his occupancy.

Unless the act creating the right of habitation states to the contrary, the right terminates at the death of the person to whom the right was granted.

Source: La CC Art 630-638
Peer comment(s):

agree bARBARA Marszalek
8 hrs
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4 KudoZ points awarded for this answer. Comment: "thnx for providing such a profound background;)"
6 mins

easment value of the flat

easment=służebność, więc reszta na logikę:)
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