Protection of private property expropriation
The basic law related to real estate/property is the right of ownership. It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. The provisions of the Constitution of the Republic of Poland of 1997, which...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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University of Applied Sciences in Bielsko-Biała
2016-02-01
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| Series: | Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej |
| Subjects: | |
| Online Access: | https://91.241.33.211:443/index.php/asej/article/view/276 |
| _version_ | 1797280915800457216 |
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| author | Karolina Muzyczka |
| author_facet | Karolina Muzyczka |
| author_sort | Karolina Muzyczka |
| collection | DOAJ |
| description | The basic law related to real estate/property is the right of ownership. It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. The provisions of the Constitution of the Republic of Poland of 1997, which set the standards for protection of property rights, are heterogeneous. This results both from their location in the basic law and from the wording. There are provisions in the form of constitutional principles, provisions expressing subjective rights, as well as provisions providing procedural guarantees for the implementation of the former. This multitude of forms creates some interpretative difficulties, the resolution of which is often dealt with by the Constitutional Tribunal. The considerations in the paper are based on various research methods, especially on the dogmatic and legal method. The author discusses achievements of jurisprudence and doctrine with respect to property rights, regulations of the Constitution, expropriation in civil law, judicature of the Polish Constitutional Tribunal and other Polish courts as well as acts of international law e.g. the jurisprudence of the European Court of Human Rights. |
| first_indexed | 2024-03-07T16:48:03Z |
| format | Article |
| id | doaj.art-417f2353f83e461ca4bb88818807ba05 |
| institution | Directory Open Access Journal |
| issn | 2543-9103 2543-411X |
| language | English |
| last_indexed | 2024-03-07T16:48:03Z |
| publishDate | 2016-02-01 |
| publisher | University of Applied Sciences in Bielsko-Biała |
| record_format | Article |
| series | Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej |
| spelling | doaj.art-417f2353f83e461ca4bb88818807ba052024-03-03T06:09:24ZengUniversity of Applied Sciences in Bielsko-BiałaZeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej2543-91032543-411X2016-02-01222Protection of private property expropriationKarolina MuzyczkaThe basic law related to real estate/property is the right of ownership. It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. The provisions of the Constitution of the Republic of Poland of 1997, which set the standards for protection of property rights, are heterogeneous. This results both from their location in the basic law and from the wording. There are provisions in the form of constitutional principles, provisions expressing subjective rights, as well as provisions providing procedural guarantees for the implementation of the former. This multitude of forms creates some interpretative difficulties, the resolution of which is often dealt with by the Constitutional Tribunal. The considerations in the paper are based on various research methods, especially on the dogmatic and legal method. The author discusses achievements of jurisprudence and doctrine with respect to property rights, regulations of the Constitution, expropriation in civil law, judicature of the Polish Constitutional Tribunal and other Polish courts as well as acts of international law e.g. the jurisprudence of the European Court of Human Rights. https://91.241.33.211:443/index.php/asej/article/view/276ownershipdeduction of ownershiprestriction of property rightsexpropriationcompensation |
| spellingShingle | Karolina Muzyczka Protection of private property expropriation Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej ownership deduction of ownership restriction of property rights expropriation compensation |
| title | Protection of private property expropriation |
| title_full | Protection of private property expropriation |
| title_fullStr | Protection of private property expropriation |
| title_full_unstemmed | Protection of private property expropriation |
| title_short | Protection of private property expropriation |
| title_sort | protection of private property expropriation |
| topic | ownership deduction of ownership restriction of property rights expropriation compensation |
| url | https://91.241.33.211:443/index.php/asej/article/view/276 |
| work_keys_str_mv | AT karolinamuzyczka protectionofprivatepropertyexpropriation |