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Glosa do uchwały Sądu Najwyższego z 26.02.2021 r., III CZP 21/20

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Matusik G.
Rejent
|
2022
|
issue 10 (378)
82-102
EN
The Supreme Court.s resolution that the establishment of road easement shall not be preceded by the decision of the Voivodeship conservator of monuments is correct. However, it should be pointed out that legal justification for this thesis is insufficient. Supreme Court, in some fragments of justification, even contradicted this thesis. The regulation of article 36, paragraph 1 of The protection of monuments Act does not eliminate the legal claim for establishing a road easement with the neighbouring property owner.
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