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  1. 1 Sikorska-Lewandowska A.

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  1. 1 2014

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Przesłanki oraz tryb pozbawienia właściciela prawa do lokalu w prawie polskim i niemieckim

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Sikorska-Lewandowska A.
Studia Prawnicze
|
2014
|
issue 2 (198)
7-39
EN
In Polish and also in German law a housing community is entitled to sue the owner of premises and demand their sale by public auction. In both legal systems a resolution must be taken by a housing community and then the case must be referred to court. Grounds for an action, in accordance with Polish law, are as follows: long-term default by the owner on the payment of charges due, flagrant or persistent offence against the applicable order of house rules, inappropriate behaviour that makes the use of other premises or the common property burdensome. Under German law, grounds for a claim may be breach of the obligations incumbent on an owner to other owners of premises in such a blatant way that one cannot expect them to continue to maintain community with him. In both legal regimes, that legal remedy is of a unique and final nature and, therefore, is used when other solutions have produced no effect.
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