PL EN


2012 | 15 | 221-229
Article title

Konflikt interesu publicznego z prywatnym na tle instytucji wywłaszczenia nieruchomości

Authors
Selected contents from this journal
Title variants
EN
Conflict of Public Interest with Private One in the Context of Property Expropriation Institution
Languages of publication
EN PL
Abstracts
EN
Ownership, as a basic value of a legal state is the subject to special protection guaranteed by a basic law. However, in certain situations acting for the benefit of public interest is, according to a legislator, takes priority over private ownership. Thus, in cases when public interest is at stake limitation of ownership title to property can be permitted by regulations. Expropriation of private property for the sake of public good is the solution used for many years in Poland and in other countries. Basic preconditions for expropriation are described in art. 21 section 2 of The Constitution of the Republic of Poland. Private ownership in art. 21 of Polish Constitution was defined in a very general context without defining the subject. Thus, all the ownership is the subject to state protection without specifying the principles of this protection, which are regulated by ordinary acts. Guaranteeing right to private ownership does not mean the right is inviolable. Constitution allows for property expropriation for the benefit of public purposes after a just compensation. However, it must be emphasized that regulations relating to the rules of property expropriation as a special form of depriving ownership right by means of authoritarian state act, which is the exception from general civil and legal principles of transferring ownership title, must be applied literally, excluding admissibility of extensive interpretation. Provisions of the constitution are defined in the regulations of the Real Estate Management Act from 21st August 1997.
Year
Volume
15
Pages
221-229
Physical description
Dates
published
2012-05-15
Contributors
  • Uniwersytet Szczeciński, marekstawecki@op.pl
  • Salezjańska Wyższa Szkoła Ekonomii i Zarządzania w Łodzi
References
Document Type
Publication order reference
Identifiers
ISSN
1899-2226
YADDA identifier
bwmeta1.element.desklight-2c1bf0d7-bb21-4290-9208-d9d1fb6600da
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