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EN
Immigration law in Germany is regulated in some detail the issue of obtaining the right to stay for refugees anticipating any possible irregularities in the process of migration and trying to counteract them. It is not possible to obtain refugee status by a refugee who has taken action detrimental to the host country or has committed criminal acts violating the rules of security and public order. Until World War II Germany was a country from which people used to emigrate, primarily to North America. Thereafter, Germany began to accept refugees as the so-called guest workers. Now as many as 29% of the population has migrant roots. Currently, Germany is coping with a huge stream of refugees, which, on the one hand, give rise to racist and xenophobic tendencies and, on the other hand, leads to implementation of a range of initiatives to integrate migrants into society.
EN
In this article, some of the primary rules that regulate acquiring property by foreign citizens in Switzerland, have been described. In the article, the legal definition of a “foreign national” as well as the particular situation of EU countries’ citizens who reside in Switzerland with the intention of gaining permanent residency, have been subject to discussion. In the study, the legal premises that are essential to acquire a property by a foreign national, and that need to be met in order to obtain an obligatory permission (issued in the form of administrative decision), that allows transfer of rights to the properties, have been widely discussed. The premises mentioned have been outlined in both the objective, as well as the subjective aspect. The article indicates the great importance that the properties of residential use have for the swiss legislator, which in return causes that transfer of rights to such kind of properties is a subject to relevant legal restrictions, which are strictly connected with the currently applied immigration policy of Switzerland. Simultaneously, the study indicates the legal rule of the free acquisition of property that is used for running an economic activity by foreign nationals, which doesn.t require any administrative authorisation. Moreover, another exceptions from the rule of acquiring a property by a foreign citizen (based on a permission from the competent authority) and the competences that the cantonal authorities have in that field, have also been listed in the article. The study highlights the legal consequences of undertaking a legal action that is contrary to the act or to the ordinance, or that is undertaken with the intention of dodging existing regulations. Based on the analysis of the swiss regulations, the article suggests the polish legislator implementing legal changes de lege ferenda in case of the polish act of acquiring properties by foreigners in Poland from 1920.
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