Termination of a life conviction contract or conversion of allowances into annuities

Life imprisonment contract

The civilian Code in Article 908 et seq. defines a life conviction contract (so-called life imprisonment). This agreement is that the purchaser can get ownership of the property from the seller and undertake to supply the seller with life-long maintenance. This maintenance, in the absence of a different contract, involves accepting the seller as a householder, providing him with food, clothing, housing, light and fire, providing him with adequate assistance and care in the illness and giving him his own ceremony at the expense of local customs.

Termination of a life conviction contract or conversion of allowances into annuities

The civilian Code in Article 913(1) provides for the anticipation of converting all or certain rights covered by the right to life imprisonment into a life pension corresponding to the value of those rights. It is besides possible, under certain conditions, to terminate a life conviction contract.

Compliance with contracts and termination of life contracts

When assessing the success of a court action to terminate a life sentence, it should be borne in head that 1 of the crucial principles of civilian law is the rule of the certainty of trade and stableness of educated legal relations. Therefore, in view of the rule of freedom of contract and their durability (pacta sunt servanda), linked to the general request for stableness of legal trade, there is no authorisation to extend the explanation of the standard in Article 913 §2 k.c. concerning the termination of the life contract. Therefore, the anticipation to terminate this agreement is subject to strict compliance with the legal provisions in this respect.

Graduality of the life-cycle protection measures as an expression of the permanent nature of the life-life contract

Due to the circumstantial nature of the life-life contract and its long-term nature, the possibilities of solving it vary importantly from those that characterise typical common agreements. The legal protection measures enjoyed by a life conviction are graduated, in the sense that it cannot appeal to a further measurement if a little far-reaching measurement is adequate to implement its provisions. A life conviction can only be terminated in exceptional cases (yes: Słupsk territory Court of 26 April 2016 Ref. I C 348/15).

Similarly, the ultimate Court, in its judgement of 9 April 1997, No. III CKN 50/97, held that it should be taken into account that the another organization to his life insurance agreement besides bases his life insurance accounts – to which he has the full right as long as he is willing and willing to comply with his obligations to the lifer. The termination of the life contract is intended to be a last resort, caused by conflicts between the parties, and these conflicts must have extraordinary intensity. Even the failure to fulfil obligations and the reluctance of life-seekers to the buyer does not mean that there has been a situation justifying the usage of the most far-reaching measure, namely the termination of the contract already concluded.

Conditions for the conversion of allowances from a life conviction contract into annuity

It is only the creation between a lifer and a debtor of specified relations that it is not possible for the parties to stay in direct contact with each another that each of the parties obtains the right to request a change of entitlement to life pension (Article 913.1).

Conditions for termination of a life conviction contract

If a conflict exists between counterparties, the “exceptionality of the accident”, the parties gain the right to request termination of the contract (Article 913 §2 k.c.). In another words, in order to terminate the life contract, it is essential to establish the circumstances with Article 913(1) k.c. and besides the exceptionality of the situation. It is so essential to find whether the parties may be in direct contact with each another in the situation created and whether there is an exceptional accident (yes: judgement of the Słupsk territory Court of 26 April 2016, Ref. I C 348/15).

Failure of the acquirer of the property to supply a life conviction and termination of life

It requires that the specified failure of the acquirer of the property to supply a life conviction does not constitute a grounds for termination of the life sentence. It does not mean that there has been a situation preventing the parties from being in direct contact. It only creates a situation for bringing an action for the award of a contract of benefits or for claiming compensation for improper performance of an work arising from a life contract (yes: judgement of the Plock territory Court of 25 March 2014, Act I C 2389/11).

Non-performance of the acquirer of the property from the life contract and the anticipation of conversion of life to pension

As with the termination of the life contract, the failure of the acquirer of the property to supply the life conviction is besides not a reason for the conversion of life to a pension. It only creates conditions for bringing an action for the award of a contract and for a possible claim for compensation for improper performance of the work resulting from the life conviction contract (yes: comment under E. Niezbek to the civilian Code).

As has been mentioned, in the request for conversion of pension rights, it is essential to make between a life-seeker and the obliged individual specified relations that the parties cannot be required to stay in direct contact.

This was explicitly expressed in the ultimate Court judgement of 29 October 1969, No. III CRN 390/69, where that court confirmed that the only reason for the conversion of life to a life-long pension was to make between a life-seeker and a debtor specified a relation that they could not be required to stay in direct contact with each other. From the point of view of this legal provision, it is only the existence of specified relations between the parties to the contract that is applicable for the decision to request a replacement of life in life, the origin of their improvement remains irrelevant, which is expressly formulated in Article 913(1) k.c.

The concept of an ‘exceptional accident’ allowing the termination of a life conviction contract

Article 913(2) refers to the concept of exceptional accident by providing for the anticipation of termination of a life conviction contract. The concept of ‘exceptional accident’ referred to in this provision is very general and cannot present all the facts that can be fulfilled by the provision. Nevertheless, the case law has set out a certain direction of understanding.

In its judgement of 13 April 2005 (Event No IV CK 645/04), the ultimate Court stated that the analysis of the statements of discipline and, in particular, of the case law, allows to indicate the most characteristic characteristics of the word ‘exceptional accident’. This is peculiarly the case where the negative nature of relations between the parties is peculiarly intense. The intent of the termination of the contract is logically necessary, for example, erstwhile a life conviction is completely disregarded, criminal acts are committed against him, or the life conviction is completely denied. This provision applies only in circumstantial situations, for example in the event of a drastic violation of the rules of social intercourse imposed.

In subsequent judgments, the ultimate Court took the view that the common feature of all the events which qualify for the accident with Article 913(2) of the Code as "exceptional" is to harm a lifer, in peculiar the violation of his immunity, the application of force to him, including intellectual violence, excessive aggression towards him, the demolition of his belongings and, above all, the incorrect will on the part of the obliged individual himself (so the ultimate Court in its justification of the judgments: 9 April 1997, III CKN (...), LEX No 30161; 15 July 2010, IV CSK (...), LEX No 885022).

This explanation continues in the case law of the general courts. For example, the Court of Appeal in Gdańsk indicated in the judgement of 21 February 2014 that an ‘exceptional accident’ within the meaning of Article 913 §2 k.c. occurs erstwhile a life conviction and the mediocre will of the contractor-requirer of the property are injured. The specified designation that the state of relations between the parties to the life contract is specified that they may be required to stay in direct contact with each another does not constitute adequate grounds for termination of the contract due to the exceptional nature of the contract.

According to the case-law, it was not possible to consider a peculiarly reprehensible individual situation in which the suspect showed an aversion to life sentences.

Intense rowing, violation of physical integrity, removal of life conviction force from home as a mark‘exceptional accident’ allowing the termination of a life conviction contract

The ultimate Court, in its judgement of 9 April 1997 (Event No. III CKN 50/97), concluded that the fulfilment of the concept of ‘exceptional accident’ under Article 913 §2 k.c. may happen in the event of frequent and intense disturbances between the parties to the life-life contract, including, in particular, incidents connected with the violation of the physical integrity of the parties, the removal of the life conviction from the house, the demolition of its belongings, the permanent demeaning of its individual dignity, or the full failure to fulfil its obligations in relation to the life sentence, despite taking appropriate steps to guarantee that those obligations can be exercised.’

Mutual unwillingness of the parties to the life conviction agreement and the anticipation to terminate it

Judicial jurisprudence indicates that the very reluctance and negative attitude of the parties to the life-life relation to each another are not adequate to recognise the existence of a ‘exceptional accident’. In addition, there must be circumstances specified as harming a lifer, aggression on the side of his counterparty, the desire to torture a peculiar lifer, etc. (yes: judgement of the Court of Appeal in Wrocław of 10 October 2012, I ACa 1021/12; judgement of the Court of Appeal in Szczecin of 29 December 2015, I ACa 764/15; judgement of the Court of Appeal in Krakow of 21 December 2015, I ACa 1167/15 and judgement of the Court of Appeal in Białystok of 18 March 2015, I ACa 907/14).

The nonsubjective nature of the origin which led to the improvement of bad relations between the parties to the life sentence

According to settled case law of the ultimate Court, there may be any reason for the existence of bad relations between the parties to the life conviction which justify the termination of the contract or the conversion of rights from it to an pension. However, they should be specified that, in the light of nonsubjective assessment, it cannot be required that the parties stay in direct contact.

It is crucial that the assessment of the negative changes and their impact on the common relations of the parties to the contract should take into account the individual interests of both the life conviction and the life conviction and the circumstances of the case. It must be stressed that it is the work of the acquirer of the property in the life-life relation to satisfy specified benefits to the life-seeker, and the direct proximity between the parties is determined by the content of the life-life contract (so: judgement of the ultimate Court of 29 October 1969, III CRN 390/69, LEX No 6601, and judgement of the ultimate Court of 15 July 2010, IV CSK 32/10, LEX No 885022).

Determination and assessment of the motivation and mode of action of the organization to the life-life contract, which led to the improvement of bad relations between the parties

The judicature assumes that for granting the protection provided for in Article 913(2) (resolution of the life contract) it is not indifferent to the reasons for the improvement of bad relations between the parties to the life contract. The concept of ‘exceptional accident’ must not be abstracted from gross harm to 1 of the parties to the contract. It is crucial to establish and measure the motivation and the way life-forms operate, which does not deserve legal protection. The common nature of a life-long contract, which excludes only 1 organization having the destiny of a contract, which prevents the another organization from executing the contract (yes: order of the ultimate Court of 22 August 2013, IV CSK 186/13).

The nature of the life contract excludes its termination erstwhile only on the life conviction side is the origin of bad relations between the parties, manifesting a complete breakdown of individual ties. Moreover, the termination of the life contract cannot be considered erstwhile the organization who is full liable for the existence of a serious conflict with the counterparty, leading to the inability to carry out life benefits (yes: judgement of the Court of Appeal in Warsaw of 16 December 2015, Act VI Aca 1170/15).

Life imprisonment as a provoker of conflict and the anticipation to terminate a life sentence

Moreover, it is recognised in the judicature that if only a life conviction led to a conflict between the parties to the life sentence, the termination of the contract by the court would have a contractual nature of the life sentence, as it would have left 1 organization entirely free to terminate the contract (yes: judgement of the Court of Appeal of Łódź of 22 January 2016), Act mention I ACa 1019/15).

Similarly, the Plock territory Court in its judgement of 25 March 2014, Act I C 2389/11He felt that he could not, in favour of the termination of a life contract, argue a negative attitude of lifers to the incumbent. Termination of a life contract in specified situations would conflict with the contractual nature of the life contract, as the termination would service without regulation to 1 organization (life sentence), without protecting the buyer in any way.

Inadequacy of a 3rd organization residing with a life conviction to an obliged person

The Court of Appeal of Białystok in its judgement of 12 January 2018, ref. And ACa 695/17 considers that it is not adequate to resolve the life contract, given the exceptional nature of the institution, to make bad relations between the parties manifesting a complete breakdown of individual ties with the life conviction erstwhile their origin lies solely with the life sentence. According to the Court of Appeal, this besides applies to the situation, where that reason is besides on the side of another individual surviving with a life sentence, by which it cannot be required that a life conviction be in direct contact with a life sentence, since that contact involves vulnerability to negative behaviour by that another person, harming not only the welfare of a life conviction but besides the welfare of a insignificant child.

Rejection of benefits by a lifer and termination of a lifer contract

In its judgement of 14 March 2017, Case XV C 555/16, the territory Court of Gdańsk ruled that it was completely excluded to base a decision on the termination of the life conviction on situations in which the life conviction breaks or does not want contact with the purchaser or rejects benefits from him. Otherwise, this would mean that the life conviction could terminate the life contract unilaterally at any time, which is contrary to the thought of the contract itself and the rule that the contracts should be kept.

Reflection of the life conviction on the life conviction contract during its duration

The Court of Appeal in Gdańsk in its judgement of 2 December 2015, Act No V Aca 524/15, expressed the view that in view of the consequences, mainly of the economical consequences of the termination of the life-life contract, it was entirely excluded to base the termination of the life-life contract on the deliberate remediation of the life-seeker who had a different thought of the performance of the contract or who had simply changed his head in that regard.

Exit by a individual under a contract for the life of a property and termination of a life contract

According to the judicature, the exceptionality of the accident referred to in Article 913(2) of the Law must not be limited to drastic manifestations preventing direct contact between the parties to the contract. specified an accident may besides happen if the obliged individual abandons the property without the intention of returning, leaving the life conviction unattended and without the benefits the contract defines.

The civilian Code in Article 908 k.c., defining a life contract, states that in exchange for the transfer of property, the purchaser undertakes to supply the seller with life support, that is, he should accept the seller as a householder, supply him with food, clothing, housing, light, fuel, and supply him with adequate assistance and care in sickness.

Although Article 913 k.c. does not explicitly require a individual to reside together with a lifer, in the context of Article 908 k.c. and the following, it seems apparent that the intent of life is to reside together, due to the fact that only then, on the occasion of his own maintenance, the benefits in kind referred to in Article 908 k.c. are for lifer (yes: judgement of the Płock territory Court of 25 March 2014, Act I C 2389/11).

The adoption of a lifer as a householder and the provision of means of subsistence and care for him determines in turn the request to stay in personal, direct contact and close individual relations.

It should be recalled, however, that if there is more than 1 life-time work to leave the property by 1 of the jointly and severally obliged counterparties, where the another (other) may execute the life-related obligations, it does not give emergence to the termination of the life-life contract.

Non-conflict-related conditions for the conversion of life to a life pension

As mentioned, the condition for the conversion of life allowances to a life pension corresponding to the value of those allowances (or even the termination of the contract) is that for whatever reason they make between a lifer and an obliged individual specified that the parties cannot be required to stay in direct contact.

However, as is usually the case in disputes with life imprisonment, this is the consequence of bad or inappropriate relations between the parties. However, this can besides happen if the regular functioning and life of both parties is otherwise planned.

Thus, the Słupsk territory Court in its judgement of 26 April 2016 (Act No I C 348/15), on the case in which the parties to the life-life contract did not realize what the intent of the life-life contract was and how it was implemented, he ruled that, in the event that the individual bound by the life-life contract did not plan to carry out and reside together in the close future with the life-life conviction and the direct performance of benefits resulting from the life-life contract, there undoubtedly exists specified relations between the parties that they cannot be required to be in direct contact with each other.

In the context of this case, the court noted that the appropriate execution of the life conviction would be reduced to the transfer by the suspect of his life centre to the locality where the life conviction resides. However, it is impossible to request that a life conviction leave everything he is associated with in his current place of residence, namely work, science. The Court of First Instance considered that, doubtless, the circumstances of the life of the obliged individual at the time did not let him to keep direct contact with the individual entitled to benefits, and consequently, there were grounds for requesting a life replacement for life.

Choice of the kind of life conviction request in the event of failure to comply with the life sentence

The provisions standardising the life and jurisprudence contracts are consistent with the fact that the basis for the termination of the life contract arises erstwhile the conduct of the life-sustainer is peculiarly reprehensible and the anticipation of converting benefits into a pension cannot be satisfactory.

Both of the above claims are mutually exclusive and the choice in this respect belongs to the plaintiff and its message is binding on the court.

Type of provisions governing life-sustaining rights remaining after conversion of part of the entitlement into pension

The replacement of any of the components of the Life Retirement Contract does not consequence in the termination of the full Life Retirement Contract.

Łomża territory Court in judgement of 29 August 2013, Act mention I Ca 210/13 considers that if the rights left in the life-life contract correspond to the content of the service of the apartment, those rights shall proceed to be subject to the government of the life-life contract, alternatively than to provisions with limited rights in kind.

In that case, there is no situation where the right of usage or service is established on immovable property disposed of through a contract another than life imprisonment. For example, if the property transfer agreement itself were a donation agreement and, alongside it, the donor was granted the right to usage part of the property free of charge for life – in specified a case, the right of usage would be a typical substantive right established for the property seller and its establishment and enforcement should be assessed in accordance with civilian law rules on the exercise of those rights.

Entitlement of a lifer to request a replacement for life in the event that the debtor disposes of the property

Article 914 kc provides for a replacement of the right of life in respect of the pension. It provides that if the debtor has disposed of the property received under a life-life contract, the life-seeker may require the conversion of the life-life right to a life pension corresponding to the value of that right.

Disposal of the property here means its transfer on the basis of a legal act. Therefore, it does not cover the transfer of property on the basis of another event, specified as inheritance.

The amount of the pension resulting from the conversion of allowances from the life conviction to the pension

As indicated in accordance with Article 913 k.c., each organization to the life conviction contract shall be entitled to request the replacement of all or any of the rights covered by the life sentence. for a life pension corresponding to the value of those allowances (yes: resolutions of the ultimate Court of 18 May 1978, No. III CZP 29/78, publ. OSNC 1979, No. 1 – 2, item 22 and No. III CZP 25/81, publ. OSNC 1981, No. 12, item 230).

The following factual and legal situations relating to the scope of life benefits should be distinguished, as the ultimate Court did in its Resolution of 18 1978, No. III, CZP 29/78:

1) erstwhile the life contract specifically defines benefits in nature for a lifer (e.g. 10 rye quintals, 3 potato quintals, etc.),

2. where the contract has been defined in a manner akin to Article 908 §1 k.c. of benefits in a broader or narrower or even the same way,

3. where the contract does not specify the scope of benefits due to a life conviction and that scope means Article 908 §1 k.c.

In the first of the above situations (point 1), the determination of the life-life right value will be reduced to an accounting operation by multiplying the unit prices of the individual products by the quantity of the products in question and by summing up the product concerned. In this case, the scope of the justified needs of the rightholder is irrelevant and not subject to examination.

However, the determination of these needs for the different types of benefits is crucial in cases where the contract has been defined in a akin manner to Article 908 §1 k.c. or where no circumstantial benefit scope has been defined at all (paragraphs 2 and 3). Then it becomes essential to make a message on the life of the pension at the time the pension was established as maintenance, cost of living, light, fire, care and treatment expenses and acquisition of clothes, etc. The full value of these benefits will be determined by the life sentence.

Valorisationthe amount of the pension resulting from the conversion of allowances from the life-life contract to the pension

The intent of the life contract and the fact that the pension awarded under Article 913 §1 k.c. should correspond to the life value of the life conviction shows that the life conviction should, in any period of his life, receive a pension that would full meet his life conviction needs. It would be contrary to the principles of social coexistence to let an old or disabled individual to arise, despite establishing life in exchange for the transfer of the farm, to be deprived of the agreed supply as a consequence of a change in relations. However, it must besides be borne in head that, in exceptional circumstances, a court, erstwhile amending life sentences to a pension, may take into account the severe property situation of the individual liable for life benefits, as well as another sources of income for the life conviction (such as the judgement of the Łomż territory Court of 26 June 2014, The signature. And Ca 121/14).

The provision of Article 907 §2 shall apply mutatis mutandis to a life pension. The application of Article 907 §2 k.c. to a life pension for which rights covered by the right to life have been converted (Article 913 §1 k.c.) consists, inter alia, of the fact that, in the case of the determination in the contract of life of circumstantial benefits in kind, the ‘change in relations’ results from a change in the prices of products contracted for life. However, if the contract specifies benefits akin to Article 908 §1 k.c. (wider or narrower or even the same), or does not specify these benefits, or if specified a ‘change’ is justified not only by the change in the price (or value) of the benefits contracted, but besides by the justified change in the needs of the rightholder (so: judgement of the Łomża territory Court of 26 June 2014, The signature. And Ca 121/14).

The ultimate Court in its resolution of 6 February 1969, the signature of Act III CZP 130/68, OSNC 1969, No 11, item 192, pointed out that, exceptionally, the court, erstwhile making a life change to a pension, may take into account the severe financial situation of the individual obliged to supply life benefits to a lifer, as well as the fact that the lifer has another origin of income. In the message of reasons for the above resolution, the ultimate Court indicated that the life conviction claim under Article 913(1) of the Law is subject to review for the intent of its social and economical intent and for compliance with the principles of social coexistence.

Pursuant to Article 913 k.c., each organization to a life conviction contract shall be entitled to request the conversion of all or certain rights covered by the life conviction to a life pension corresponding to the value of those rights. This provision is based on the fact that the pension awarded corresponds to the value of the rights covered by the word of life. If the value of benefits specified in nature changes due to price increases, the amount of the cash benefit must besides change accordingly. The legal basis for specified a change is the provision of Article 907 §2 k.c., applicable respectively to a life-long pension, which replaces the rights covered by the right of life (yes: resolutions of the ultimate Court of 18 May 1978, ref. III CZP 29/78, publ. OSNC 1979, no. 1 – 2, item 22 and 26 May 1981, ref. III CZP 25/81, publ. OSNC 1981, no. 12, item 230).

Retired Life Retired

It should be pointed out that the decision of the court converting benefits from a life-life contract into annuity is of a constitutional nature and is re-shaping the liability ratio of the parties. Therefore, the pension becomes payable only with the minute of validity of the judgment, as the content of the contract is changed from that date. There are no grounds to take into account the claimant’s claim and to grant him a retroactive pension (yes: judgement of the Szczecin territory Court of 13 August 2014, Act II Ca 1316/13).

Disposal of immovable property and conversion of the right of life to a pension or termination of a life sentence

In accordance with Article 914 k.c., if the debtor has disposed of the property received under a life contract, the lifer may request the conversion of the lifer’s right to a lifer’s pension corresponding to the value of that right.

The ultimate Court — civilian Chamber in its judgement of 17 March 2004, No. II CK 91/03, stated that ‘Resolvement of a life conviction contract is not acceptable after the sale of a immovable property with a life conviction (Article 914 kc in conjunction with Article 913 §2 kc )’

It should be noted that this conclusion is straight based on Article 914 k.c. In the event of the sale of a property with a life sentence, the life conviction has only 1 anticipation – a request for the conversion of the life conviction to an pension corresponding to the value of that right. If the legislature had provided for any another possibility, it would have been explicitly included in the recipe. The explanation allowing for the termination of a life conviction contract after the sale of immovable property is so contrary to Article 914 k.c. It goes beyond its framework. After the sale of the property, the legislator did not envisage the anticipation provided by Article 913 §2 k.c.

On the grounds of the judgement of 17 March 2004 The ultimate Court besides rightly points to another argument: “There is no anticipation of a reverse transfer of ownership between the acquirer of a property with a life conviction and the life sentence. The buyer enters the life sentence, but does not become a organization to the life sentence. He is so not obliged to a lifer in connection with the common benefit of the lifer, but as a consequence of 2 contracts the first of which did not concern him and the another was not a lifer’.

Thus, the buyer does not become a organization to the life conviction agreement. It is only obliged to supply the benefits it provides. Therefore, he cannot be required to return the property as a consequence of the termination of the contract. Nor can the first acquirers of ownership under this agreement be required to do so. As a consequence of the sale they no longer have a legal title to real property .

Due to this legal structure, in the present case it does not substance erstwhile the sale of the property occurred – before or after the transportation of the copy of the application. Article 192(3) does not apply. In the margins it can be pointed out that it even provides for the anticipation of the buyer entering the place of the seller. However, this is excluded since the buyer is not a organization to the life conviction agreement.

Termination of the life conviction by common consent of the parties

The general provisions of the civilian Code shall apply to the termination of the life conviction by common agreement of the parties.

Termination of the life conviction contract by the life conviction heirs

On the procedural consequences of the death of a individual entitled to a life conviction in the course of his/her action for termination of that contract, the ultimate Court stated in the resolution of 7 judges of 16 March 1970, III CZP 112/69 (OSNC 1971, No 1, item 1). In accordance with this resolution, the life conviction claim, which is simply a real property seller, who, after filing a motion for termination of the life contract, did not pass on to his heir.

It points out that the individual content of the life conviction causes that not only the same right but besides the claims resulting from it are personal, as they are inextricably linked to the individual of the life sentence. It has been noted that the individual nature of that right is underlined by the civilian Code in Article 912 k.c., stating that it is inalienable and Article 831(1)(3) k.p.c. excludes this right from enforcement.

The death of a lifer thus results in the end of the law itself of specified a strictly individual nature as its related rights. Inheritance is only subject to the life conviction that has become due in his lifetime. In the justification of that resolution, the ultimate Court rejected the anticipation of referring, by analogy, to the provisions contained in Article 445(3) and in Article 899(2) of the Code as inapplicable to life.

He besides referred to the argument of axiological nature that the deficiency of hereditaryness of a life conviction claim for the termination of a life contract with which he was surviving would give the obliged individual the chance to hold the property covered by that contract besides in the event that they "in a transparent and gross manner harmed the life sentence", which would be unwarranted. He did so utilizing a comparison to the situation equally, and in his view even more reprehensible and unjust from the point of view of the principles of rightfulness, erstwhile the life work retains ownership

In support of this view, the ultimate Court in its decision of 6 May 2016. Act I CSK 297/15 He pointed out that the complainant's proposal to separate the life conviction from life in the context of Article 912 k.c. from the life conviction itself is an artificial procedure: it must be assumed that since the life conviction is being terminated as a consequence of the garbage, the closely related rights of property besides expire.

The absence of hereditary individual rights belongs to their essence and so the inability of the heirs to enforce them cannot be read as a violation of the right to a court as guaranteed in Article 45(1) of the Constitution.

On the service of individual housing – read here