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Instytucje prawa prywatnego w prawie geologicznym i górniczym

100%
Bieniak M.
Forum Prawnicze
|
2024
|
issue 2 (82)
17-32
EN
The geological and mining law is a branch of law on the borderline of administrative and civil laws. Nonetheless, the civil-law regulatory framework in this field of law is seldom the subject of legal scholars' reflection, although it does affect the functioning of a relatively large group of entities in the Polish economy. Some of the civil-law institutions regulated under the Geological and Mining Law (such as mining property and liability for mining damage) are well-established and embedded in legislative traditions of the Polish private law. Then again, other areas (such as the right of priority to demand the establishment of a mining usufruct or the right to demand redemption of real property) suffer significant gaps, and their applicable legal regulations are ambiguous or even obviously defective. This article outlines specific civil-law institutions in the field of the Geological and Mining Law, with particular emphasis on the differences between these institutions and their respective counterparts in the Civil Code. Furthermore, the article contains proposals of legislative amendments.
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