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  1. 2 Rejent

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  1. 1 Bugajski B.

  2. 1 Ciekawy M.

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  1. 2 2024

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1

Przyczyny ustania odrębnej własności lokalu

100%
Ciekawy M.
Rejent
|
2024
|
issue 10 (402)
32-59
EN
The legislator did not regulate the reasons for the termination of separate ownership of premises, leaving this issue to the jurisprudence and doctrine. Separate ownership of premises may cease as a result of a legal action, on the basis of a court decision and by force of law. The legal act may aim to abolish, merge or divide the premises or to merge the premises with the original property. A declaration of intent to this effect may be replaced by a court decision. The court may also have the separate property abolished in proceedings to cancel co-ownership. Finally, the destruction of the premises or the permanent and irreversible loss of their self-containment results in the termina-tion of separate ownership of premises by force of law.
2

Konstytucyjne uwarunkowania wprowadzenia do prawa polskiego pozasądowego rozwodu za porozumieniem małżonków

84%
Bugajski B.
Rejent
|
2024
|
issue 11 (403)
110-129
EN
The subject of this article is the constitutional conditions for the introduction into Polish law of extrajudicial divorce by mutual consent of the spouses. The issue under consideration is of particu-lar importance in the context of reported proposals to introduce extrajudicial divorce by mutual consent of the spouses into Polish law. The implementation of such an intention must remain con-sistent with the constitutional principle of the Republic of Poland, which places the institution of marriage under its protection and care (Article 18 of the Constitution of the Republic of Poland of 2 April 1997) and from which is derived the obligation to enact legislation to guarantee the per-manence of marriage. The analysis carried out demonstrates that an extrajudicial divorce by mu-tual consent of the spouses in certain circumstances will be able to be considered compatible with the Constitution of the Republic of Poland of 2 April 1997.
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