Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part I)
Jurisprudence of administrative courts on various aspects of real property law is extensive and multi- faceted. The main bulk of cases concerns real properties which are subject to the reprivatisation process that, in the absence of final solutions to re-privatisation predicaments and the multi-face...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)
2021-03-01
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| Series: | Nieruchomości@ |
| Subjects: | |
| Online Access: | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0014.7460 |
| Summary: | Jurisprudence of administrative courts on various aspects of real property law is extensive and multi-
faceted. The main bulk of cases concerns real properties which are subject to the reprivatisation
process that, in the absence of final solutions to re-privatisation predicaments and the multi-faceted
effects of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries
of the Capital City of Warszawa, hereinafter referred to as the “Warsaw Decree” (promulgated
in the official journal “Dziennik Ustaw” of 21 November 1945, No 50, item 279), which remains
in force for over seventy years, are often the subject of judicial review of administrative decisions.
Administrative court rulings play a significant role in real property cases and set the directions for
future decisions by public administration bodies. The analysis of judicial rulings in real property
cases will be limited to selected problems, which, given differing interpretations, are the cause of
discrepancies in judicial decisions in administrative courts. This paper, which is the first part of the
study, covers jurisprudence on the premise of death of a party during administrative proceedings,
which has an impact on the potential invalidity of a decision and its ex tunc effects as well as the
status of a party in real property proceedings.
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| ISSN: | 2657-8247 2719-8030 |