From the very beginning, enfranchisement – by operation of law – of perpetual usufruct of land into its ownership has caused many problems. Despite the passage of several years, the provisions of the Act on transformation still give rise to considerable doubts, for example, with regard to the regulation and enforcement of the appropriate fee.
As we know, the enfranchisement fee was intended by the legislator to be equivalent to the perpetual usufruct fee; however, until recently, one of the main problems with its regulation was delays in delivering transformation certificates.
At the same time, from the point of view of local governments, the collection of overdue fees is a serious problem, especially when the person obliged to pay the fee has died.
In such cases, in fact, the only solution is to institute a testamentary proceeding.
It should be remembered that the application for its initiation may be filed by anyone having legal interest – so also the municipality that intends to enforce its claims.
However, it seems that the enforcement itself should be conducted in an administrative procedure. Although this issue is questionable.