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1

Zasada ważenia interesów w planowaniu i zagospodarowaniu przestrzennym a zasada proporcjonalności. Glosa do wyroku Naczelnego Sądu Administracyjnego w Warszawie z dnia 11 stycznia 2017 r., II OSK 932/15 – aprobująca

100%

Woźniak M.

Opolskie Studia Administracyjno-Prawne

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2017

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vol. 15

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issue 4

119-127

PL

Presented glossary to the judgment of the Supreme Administrative Court in Warsaw of 11 January 2017 (II OSK 932/15) is approved and polemic. The position of the Supreme Administrative Court has been divided that the municipal authorities may, in the local spatial development plan they formulate, restrict the rights of the owners in order to fully realize other values which they consider more important. When discussing polemics with the views expressed in the explanatory memorandum, three factors have been identified in this statement, which have determined the outcome of the findings of the local spatial development plan, the requirements of the public interest, and the future rights of third parties. As a consequence, it was recognized that the statutory principle of weighing interests – by referring to the constitutional principle of proportionality – was consistent with the system of application of the law of planning and spatial planning and shaping the correct relationship between the public interest and individual interests.

2

Protection of private property expropriation

94%

Muzyczka K.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2018

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issue 2

35-44

XX

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.

3

THE RIGHT TO REGULATE THE EXPECTANCY OD THE SEPARATE OWNERSHIP OF PREMISES AS INCREASING SECURITY ON THE HOUSING MARKET

94%

Ledwoń P.

Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje

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2015

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vol. 19(19)

106-112

EN

In this article, author focuses on the regulation of the right to expectative of separate ownership based on the Act of separate ownership of the premises, Housing Cooperatives Act and Act protection of the rights of the purchaser of a separate ownership of the premises or a single-family house and the impact of that institution to increase the safety of trading participants containing development contracts. The author presents a framework of expectative of separate ownership and the conditions which must be met is necessary for the creation of that right to reasonable. Article also includes an analysis of the effectiveness of the various conditions of a expectative , they compare to similar legal institutions in the context of the needs of the housing market, as well as the desire to maximize the protection of potential buyers of these premises and investors.

4

Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z 1 grudnia 2020 r., sygn. akt II OSK 1580/18 – Niedopuszczalność stosowania wykładni zawężającej wyrażenia „działka sąsiednia dostępna z tej samej drogi publicznej”

94%

Mączyński M.

Studia Prawa Publicznego

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2022

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issue 2 (38)

168-181

EN

The cited judgment of the Supreme Administrative Court focuses on the meaning of the expression “access from the same public road”. The judgment of the Court of Second Instance deserves to be approved because the recitals of this judgment take into account the right to develop the plot to which the investor holds the legal title, the broad understanding of ‘neighborhood’, as well as the values that constitute the ratio legis of the Act on spatial planning and development.The rationale of the Supreme Administrative Court’s decision results primarily from the fact that a narrow understanding of neighbourhood which is prompted by the linguistic interpretation was not deemed sufficient. Referring to the jurisprudence, and above all the legislative activity of the Supreme Administrative Court and the doctrine of administrative law, it should have been concluded that the effects of the linguistic interpretation were legitimately checked from the point of view of the legislator’s goal when enacting the Act on Spatial Planning and Development. Therefore, it was necessary to make a purposive interpretation that justiﬁes the need to take into account the right to develop a building plot, take into consideration values such as spatial order, sustainable development, ownership and public interest, as well as the interest of third parties.The position of the judgment under review is not uniform in the jurisprudence. However, it does take into account the need to weigh up the disputed interests. Although the right of ownership is signiﬁcantly limited in the planning and legal regulations, it is unacceptable to deprive it of its use only due to the assumption that neighbourhood should be understood as the contact of two plots or their access to the same public road.

5

Vlastníctvo a socializmus z pohľadu Semiona Ludvigoviča Franka

94%

Porubec D.

Studia theologica

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2014

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vol. 1

SK

EN

The question of private and common ownership has much more extensive dimensions of influence than meets the eye. These dimensions are not limited to the economic, legal and social areas. S.L. Frank in his work Ownership and Socialism attempts to clarify the fact that it is its owner rather than the property which is the real issue. The author demonstrates that the treasures of the world and the ways of owning them are actually secondary, because it is the human soul which has “made a treasure“ of the things of the world, while the only one genuine treasure worthy of our affection is the infinitely loving God. This fact leads Frank to the conclusion that only through a supernatural “possession of the self“ in God can every natural way of ownership gain some meaning on the earth.

6

Analiza systemów nadzoru właścicielskiego nad przedsiębiorstwami państwowymi w wybranych państwach Unii Europejskiej (Czechy, Finlandia, Francja, Hiszpania, Litwa, Łotwa, Niemcy, Wielka Brytania, Włochy)

94%

Adamiec D., Branna J., Dziewulak D., Groszkowska K., Mróz M., Żołądek Ł.

Zeszyty Prawnicze BAS

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2019

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issue 3(63)

150-193

EN

The study shows that corporate governance systems varies from centralized ones in Finland, France and Spain, a dual one in Italy and decentralized ones in the United Kingdom, Lithuania and Latvia. The different models have been described in detail, identifying the entities supervising the discussed type of entreprises.

7

Zniesienie obowiązku zawarcia umowy ubezpieczenia OC pojazdów mechanicznych, co do których orzeczono przepadek na rzecz powiatu

94%

Szczepańska-Kulik I.

Zeszyty Prawnicze BAS

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2018

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issue 4(60)

160-166

EN

Changes proposed in the petition concerning amendments to the Act on Obligatory Insurances, Insurance Guarantee Fund and Polish Bureau of Transport Insurers may raise concerns, taking into consideration the purposes and functions of obligatory civil liability insurance of motor vehicles, and also the course of procedure taking place after issuing a decision concerning the confiscation of a vehicle for the benefit of a county.

8

Prawa własności filarem rozwoju gospodarczego

94%

Zalesko M.

Ekonomia - Uniwersytet Ekonomiczny we Wroclawiu

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2013

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issue 4 (25)

92-102

EN

Property rights consideration is one of the most important matters which is discussed in the theory of economy. It is worth emphasizing that till the mid 20th century the property was not valued in the main stream of economy. From the 60s of the previous century property rights theoreticians (among them A. Alchian, H. Demsetz, R. Coase, S. Chenung, L. de Alessi, S. Pejovich, E. Furubotn) endeavored to put a property category in merited place in the economic science. In the opinion of modern economists, especially those related to institutional economy current property (understood as a type of rights) is one of the most significant elements of economic development – a problem which is still a fascinating research area, even on the grounds of its complexity. It is argued for constantly deepening development discrepancies between various social categories, among others, additionally more and more visible contrasts in the development of individual countries. Therefore, the aim of this article is to present a theoretical conceptualization of property rights in economy. Furthermore, it is attempted to describe how the property rights impact the level of the economic development. Property rights understood as a socially sanctioned relationships between people, which refer to the use of resources, have a significant impact on economic development. They are in fact one of the main architectural elements of the institutional environment of a developed country. Their primary function is to mitigate or eliminate the tensions which arise as a result of the management of economic potential. Constitutionally guaranteed property rights of exclusive, transferable and residual character limit the uncertainty of the management by establishing a stable structure for human interaction (e.g. highly-developed countries). Otherwise, when the adequate platform to respect property rights has not been created, we have to deal with more difficult business conditions (such as in underdeveloped countries). From the perspective of the theory of property rights, the economy which expanded in the highest degree is the one which is based on a private property – exclusive and fully transferable. In the economies where this type of property rights is dominant there are relatively good conditions for the best allocation of resources, in relation to the economies of the dominance of state or communal ownership. It is worth emphasising that as a result of well-defined property rights, a person can devote more effort to productive activities, which in turn contributes to the growth of social welfare – the main indicator of economic development. D. North and R. Thomas, D. Rodrik, D. Acemoğlu, S. Johnson and J. Robinson, J. Aron, H. de Soto in their studies of economic development field convince of the enormous role of property rights in the development of individual countries. They prove that the stability of property rights is the key to investment and business entities’ implementation

9

Obszary wiejskie a planowanie przestrzenne

94%

Czechowski P., Niewiadomski A.

Studia Iuridica Agraria

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2012

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vol. 10

227-238

EN

Professor Walerian Pańko in his two works, „The right of property and its present functions” and „Ownership of land space in the planned economy” recognizes the concept of property and its protection as a key to planning. This belief is also divided today, when ownership and functions have been modified, but the principles of planning meet other tasks. The views of this eminent professor of law who has the visionary talent will provide a starting point for discussion about the contemporary importance of planning for rural areas and the impact of spatial planning through the lens of ownership completed their functions. The authors seek to answer the question of whether the views presented more than thirty years ago, in a different economic and legal systems, spatial planning are still applicable? The answer to this question may help to use the modern legislator of the solutions proposed by Walerian Pańko in the field of space. The authors show that the majority views of the Walerian Pańko are still topicality.

10

Church Fathers on Ownership

94%

Chmielarz M., Ilski K.

Adam Mickiewicz University Law Review

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2014

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vol. 4

29-38

EN

The study aims at an analysis on the concept of ownership in the selected Church Father's works. The authors focus on the work of Saint Jerome Saint Basil of Caesarea, Ambrose and Augustine, presenting the concept of ownership in the middle ages.

11

Housing Demand in the Polish Peoples’ Republic

94%

Jarmuż M., Jarosz D.

Studia Historiae Oeconomicae

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2013

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vol. 31

57-68

EN

Although historians and social scientists devoted considerable attention to issues related to housing in the Polish Peoples’ Republic era, many problems still need further research. The crucial problem of the paper is to find an answer to the question: what did Poles have to do in the period between 1944/45 and 1989 in order to obtain housing? The answer given is the effect of several years of primary source research which encompassed archival material of assorted types and origins.

12

The scope of the spouse’s rights to the apartment owned by the other spouse

94%

Urbańska-Łukaszewicz A.

Studia Prawnicze

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2013

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issue 4 (196)

95-128

EN

The article concerns an essential issue, which is an apartment or real estate owned only by one of the spouses. The purpose of this paper is to study whether one of the spouses has an impact for activities relating to the ownership of the house, or apartment other spouse. Important is the fact that subject matter concerns two constitutional values: protection of property rights and the protection of the family

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Prawo własności jednostek waluty kryptograficznej

94%

Górniak K.

Kwartalnik Prawa Prywatnego

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2019

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vol. 28

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issue 3

561-642

EN

Cryptocurrencies have been a major topic of debate for many lawyers. So far, in Poland, the majority of private law experts take the view that the possession of cryptocurrencies may only be considered a positive legal situation (an interest protected by law) and may not be associated with any right. This paper actually proves the opposite point of view. In the author’s opinion, cryptocurrency units resemble, in all aspects that are important for the construction of ownership, things considered to be physical objects. First of all, just like things, cryptocurrency units are the object of rivalry as regards their consumption (rivalrousness), and they can also be taken away from their possessor (excludability). That is why Polish legislator has decided to classify things as the objects of property. Today, however, it turns out that certain digital goods also meet such criteria. Therefore, it is justified to apply the provisions on ownership rights to cryptocurrency units by way of an analogy. The article broadly justifies the permissibility of such an analogy, as well as its theoretical structure. The arguments that could be raised against it have also been examined. As it appeared, neither the numerus clausus principle (however understood), nor the wording of Article 45 of the Polish Civil Code, create an obstacle for the application of the provisions on ownership to cryptocurrencies by way of an analogy. This has been proven by a comprehensive historical and comparative legal analysis. As a consequence, it should be acknowledged that cryptocurrency units are to be considered objects of property. This right is protected by rei vindicatio and actio negatoria, but protection in tort and the protection against unjust enrichment are to play a key role in this respect. Digital currencies can be considered a sign that the concept of ownership is evolving and that it will become more and more detached from material objects.

14

System przedstawicielski w poglądach Borysa Cziczerina

84%

Tarkowski M.

Opolskie Studia Administracyjno-Prawne

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2016

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vol. 14

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issue 2

159-169

EN

The article is devoted to the representative system, which was one of the elements of the social and political thought of the Russian philosopher Boris Chicherin, who worked in the second half of the nineteenth century. The author analyzes the structure of national representation and the factors which – according to Boris Chicherin – weakened or strengthened the system. In this article, the author emphasizes the role of different factors: social groups (aristocracy, middle class), political liberty and property, that were important for the formation of representative institutions. The analysis of the representative system would not be possible without presenting the basic outline of the conservative-liberal philosophy of the Russian thinker.

15

Modele odrębnej własności lokalu

83%

Jankowski J.

Pieniądze i Więź

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2019

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vol. 22

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issue 3(84)

82-86

PL

Proces ustanowienia odrębnej własności lokalu jest ściśle zależny od samej konstrukcji prawa. W nauce prawa cywilnego wyróżnia się trzy modele teoretyczne odrębnej własności lokalu. Swoiście ukształtowana postać własności lokalu budzi w doktrynie prawa cywilnego wiele kontrowersji, z uwagi na niejasny stosunek powiązanych ze sobą praw własności lokalu, użytkowania wieczystego i współwłasności nieruchomości wspólnej. Próby klasyfikacji różnych modeli odrębnej własności lokalu podejmowało się wielu autorów. Rozważania nad przyjęciem normatywnego modelu prawa odrębnej własności lokalu zapoczątkowali jeszcze na gruncie przepisów kodeksu cywilnego Z. Radwański, Z.K. Nowakowski oraz E. Gniewek. Próbę konstrukcji modelu własności lokalu już na gruncie ustawy o własności lokali podjął M. Nazar. Autorzy Ci, zgodnie lecz z pewnymi modyfikacjami wypracowali trzy możliwe teoretyczne koncepcje odrębnej własności lokalu, dające się sprowadzić do: a) modelu własności połączonej z serwitutami b) modelu współwłasności szczególnego rodzaju (niewłaściwej własności lokalu) oraz c) modelu dualistycznego (klasycznego).

EN

The process of establishing separate ownership of the premises is strictly dependent on the very construction of the law. In the civil law, there are three theoretical models of separate ownership of the premises. The specifically shaped form of ownership of the premises raises a lot of controversy in the doctrine of civil law, due to the unclear relationship between the related: property rights of the premises, perpetual usufruct and joint ownership of a common property. Many authors have attempted to classify different models of separate ownership of the premises. Considerations on the adoption of the normative model of the law of separate ownership of premises were initiated by Z. Radwanski, Z.K. Nowakowski and E. Gniewek on the basis of provisions of the civil code. M. Nazar made an attempt to construct the model of ownership of the premises under the Act on the ownership of premises. These authors, in accordance, but with some modifications, developed three possible theoretical concepts of separate ownership of the premises: a) a model of ownership combined with servitudes b) a model of a particular type of ownership (inappropriate possession of the premises), and c) a dualistic (classical) model.

16

Proportionality of restrictions of ownership by act 140/2014 about the acquisition of ownership of agricultural land and about amendment

83%

Ďurana M.

Społeczeństwo i Edukacja. Międzynarodowe Studia Humanistyczne

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2014

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issue 1(13)

153-158

EN

The article is about the necessity of restriction of disposal of ownership right in the view of the principal of proportionality.

17

Odpowiedzialność za szkodę przez osoby, które nie są wpisane na listę biegłych podczas wykonywania czynności biegłego

83%

Strapáč P., Ďurana M.

Społeczeństwo i Edukacja. Międzynarodowe Studia Humanistyczne

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2014

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issue 2(14)

127-138

EN

The article is about the necessity of restriction of disposal of ownership right in the view of the principal of proportionality.

18

Economic Sociology or the Economic Structure and the Non-economic Societal Structures as Conceived of by Socio-economic Structuralism

83%

Tittenbrun J.

Warsaw Forum of Economic Sociology

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2013

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vol. 4

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issue 8

115-137

EN

This is the continuation of the paper which appeared in the previous issue of WFES (7/1/4). In this article the author further develops the theoretical foundations of the socio-economic structuralism. In particular, the notions of economic and non-economic societal structures remain in focus. The author retains the economic determinist perspective and explores the ways through which the economic structure affects other structures of the society, including work in its many variations (material work, immaterial work, and quasi-work) as well as other aspects of social life such as culture in general and language in particular.

19

Skala i skutki alienacji młodych Polaków na rynku mieszkaniowym

83%

Rudzka I.

e-mentor

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2021

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issue 4 (91)

73-84

EN

As statistics show, few people can afford to buy an apartment. Many people cannot even afford to rent. On the other hand, the overcrowding rate and the number of adults living permanently with their parents in Poland are among the highest in Europe. Outstanding architects and sociologists have been dealing with housing problems for many years. In many countries, research is conducted showing the importance and essence of the problem, not only in the financial context, but above all in the psychological, health and social context that influences the behavior and attitudes of future generations. Access to housing real estate is not only a question of ensuring safety, stability, and shelter, it is also social relations that constitute the basis of human, socially evolving existence. Own house is a collection of meanings, codes and symbols. It is a product of multi-faceted and multi-generational, interrelated values. Failure to understand these issues eliminates all forms of striving for sustainable development.

20

An Outline of Socio-Economic Structuralism

83%

Tittenbrun J.

Warsaw Forum of Economic Sociology

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2013

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vol. 4

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issue 7

9-51

EN

This paper presents what may be regarded as a novel approach to social theory. Whilst laying stress on the economic structure, the theory views it as embedded within a broader societal context. According to the theory, society is viewed as a set of four structures. A set of categories for analysis of those structures is depicted and the most detailed presentation is devoted to the economy. In this case, it includes such innovative notions as quasi-work, lumpenwork and the whole theory of ownership of labour power. This implies an analysis of the differences between the legal and socio-economic approach to property.

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Zasada ważenia interesów w planowaniu i zagospodarowaniu przestrzennym a zasada proporcjonalności. Glosa do wyroku Naczelnego Sądu Administracyjnego w Warszawie z dnia 11 stycznia 2017 r., II OSK 932/15 – aprobująca

Protection of private property expropriation