A set of rights to energy or gas fuel is an element of ownership right. But the essential aim of this right consists in obtaining access to energy or gas fuel, that is, the possibility of using them, while the effective taking possession of them is just a consequence of exercising this right. The right-holder does not have an obligation to exercise its legal right, though in bilateral professional relations failure to consume, within a unit of time, the agreed amount of electrical energy or gas fuel may trigger a contractual penalty stipulated for such cases. From a civil law perspective, the right to electrical energy, heat energy (heat), and gas fuel may be defined as an expectation of ownership of energy or gas fuel (and only subsequently as ownership of such goods) and the services relating to the provision of such goods, with which the obligation of the supplier or suppliers (energy companies) is correlated: they have an obligation to remain ready to supply energy or gas fuel when such supply is initiated by the recipient (energy customer) and to transfer their ownership to the recipient, as well as to provide services in order to supply the same.Hence the right to energy or gas fuel creates in a relationship of obligation a complex (set) of rights of the recipient, which rights are functionally interrelated.
Full version available at: “Commercial Law Review” [Przegląd Prawa Handlowego], year 2018 , no. 10, p. 28-34
