Konstrukcja prawna zobowiązania realnego na przykładzie na przykładzie ustawy o przekształceniu użytkowania wieczystego w prawo własności

Subject of article is presentation of a legal conception of real obligation, which is a tool to make settlements between holders of property rights.. Its scope of application is wide, so first in this papers are cover main features, which are common for all case of its application. However, further considerations are focused on a particular scope of its application. These are financial settlements between public entities and entities that acquired the ownership of land from them, ex lege, on the basis of transformation of perpetual usufruct into ownership. In particular, the scope of settlements for public land on which multi-unit buildings with residential premises were located (acquired by natural persons) is being considered. Additionally, to improve the safety on a real property market, this claim about payment is entered to land register. The main goal is to show, in what way these both legal measures protect interest of public subjects as the creditor of a payment for a loss of his land for private subjects. Especially, in this article is analysed who is the debtor of the previous owner (public subject) of the land in the event of a change of subjects of ownership (after an grant of ownership by law, which is dated on 1st January 2019 ) and who takes liability for arrears payment. A research is coming to the conclusion that real obligation indicates the current debtor proportional to time of holding property right (pro rata temporis). No one is liable for a debt of his successor.