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Zintegrowany System Informacji o Nieruchomościach jako źródło informacji przy wykonywaniu czynności komorniczych

100%
Klimach A., Pietkiewicz M.
Studia Iuridica
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2021
|
vol. 89
176-188
EN
Technological progress has many manifestations. One of them is the development of information and communication systems containing information necessary for the court bailiffs. Such systems can be useful in enforcement proceedings, but it has to be established whether they contain all the data needed in such proceedings. These data include information on entities, movables, and real estate. When performing their tasks, even the basic ones, such as delivering official letters, pursuant to Art. 1391 § 1 of the Code of Civil Procedure (CCP), or establishing the current place of residence, bailiffs need information, including the addressee’s personal data. Enforcement against real estate requires information on the object against which the enforcement will be conducted. This paper analysed how the use of the Integrated Real Estate Information System can accelerate and streamline a bailiff’s work.
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Prawne i merytoryczne aspekty wyceny nieruchomości na potrzeby ustalania opłaty planistycznej

81%
Kuryj J., Klimach A., Źróbek R.
Studia Iuridica
|
2021
|
vol. 88
211-236
EN
The Act of March 27, 2003, on spatial zoning plan and development, regulates establishing zoning plan fees. Thus, the executive bodies of the municipalities have legally created instruments to collect the fee if the conditions outlined in the Act are met. Amendments to this provision resulted in inaccuracies in establishing the fee. The zoning plan fee is established based on the increase in the value of the real property, taking into account two legal statuses. The real estate appraiser confirms the change in the value of the real property in the appraisal report, which constitutes evidence in the proceedings for determining the amount of the zoning fee.In practice, the determination of the zoning plan fee causes many misunderstandings and problems. The main reason for them is the difference in the value of the real property. It becomes the basis for the municipality’s claims against the property owner. Owners (perpetual usufructuaries), in most cases, take action to reduce the calculated difference in value. Most often, they question the correctness of the real estate appraisal and the way it was documented in the appraisal report.The article presents selected charges directed at real estate appraisers concerning the correctness of property valuation for this purpose, with a commentary supported by legal regulations and court rulings (judgments of the Supreme Administrative Court and the Supreme Administrative Court). In the paper, some findings of the Local Government Appeal Colleges are also indicated.
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