Wyniki wyszukiwania - Biblioteka Nauki

1

Odpowiedzialność gminy w związku ze zmianą lub uchwaleniem miejscowego planu zagospodarowania przestrzennego na tle orzecznictwa Sądu Najwyższego

100%

Popardowski P.

Studia Iuridica Agraria

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2012

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tom 10

212-224

EN

The aim of the article is to present the essence and function of the municipality responsibility to the owner (perpetual usufructuary) of the real property related with the adoption or amendment of the local master plan pursuant to Section 36 of the Act on Spatial Planning and Development of 27 March 2003. The aim of the Author is also to highlight essential interpreting problems concerning Section 36 of the Act on Spatial Planning and Development which have been revealed under the ruling of the Supreme Court. The paper describes in detail which legal and financial results does the local master plan bring for a person when coming into force. The Act determines the extent of the allowable entitlement of the owner of the real property to make use of their right, but it also may influence the value of the real property included in such a plan. As a result, entering into force of the local master plan may affect the owner’s right to make use of the real property and decrease its value. The above implications constitute the basic reason for ascribing responsibility to municipality pursuant to Section 36 of the Act on Spatial Planning and Development. In attempt to analyze the legal character of the municipality responsibility pursuant to Section 36 of the Act on Spatial Planning and Development, it was also referred to rules of the Supreme Court. According to that some essential interpreting doubts were highlighted which were evident in the rules of the Supreme Court concerning the local master plan. They referred to: 1) the concept of damage and ways of assessing its value, 2) the stipulation for units entitled to assert their claims pursuant to Section 36 (1 and 3) of the Act on Spatial Planning and Development, 3) interpretation of requirements for municipality responsibility.

2

Własność w ujęciu prawa polskiego i prawa UE

63%

Jurcewicz A. , Popardowski P.

Studia Iuridica Agraria

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2011

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tom 9

130-154

EN

In the article, the Authors attempt to systematically formulate “property”, from the point of view of both – Polish and EU legislation. They highlight various understandings of property and point out, how complicated the evolution of this law aspect has been. The point of reference in the conducted analysis is the assumption that property is one of the most important elements of the legal order. It is also perceived as a pillar of social and economic system. At the same time, property, and more precisely – its juridical concept assumed by a legislator as a factor shaping not only the content of property right but also determining its allowable forms, constitutes a fundamental instrument used by a country to influence its social and economic reality. As a reference to the Polish law, the Authors presented understandings of property that result from the constitution and civil law and pointed out fundamental differences between them. They highlighted also the fact that the constitutional concept of property is normatively superior to the other concept, what is reflected by the fact that property, formulated in the Constitution as an elementary right, determines the requirements concerning statutory understanding of property. According to the principles of EU legislation, property is also perceived as an elementary right, but, as in the Polish law, it does not constitute an absolute (unlimited) right. It is though indicated that public interest in the broad sense of the term may constitute a legal prerequisite for interference in owner’s entitlements.

3

Przemiany własności w rolnictwie – kontekst systemowy z perspektywy prawa krajowego i unijnego

63%

Jurcewicz A. , Popardowski P.

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2014

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nr 1 (197)

29-72

EN

In the article, the Authors attempt to systematically formulate “property”, from the point of view of both – Polish and EU legislation. They highlight various understandings of property and point out, how complicated the evolution of this law aspect has been. The point of reference in the conducted analysis is the assumption that property is one of the most important elements of the legal order. It is also perceived as a pillar of social and economic system. At the same time, property, and more precisely – its juridical concept assumed by a legislator as a factor shaping not only the content of property right but also determining its allowable forms, constitutes a fundamental instrument used by a country to influence its social and economic reality. As a reference to the Polish law, the Authors presented understandings of property that result from the constitution and civil law and pointed out fundamental differences between them. They highlighted also the fact that the constitutional concept of property is normatively superior to the other concept, what is reflected by the fact that property, formulated in the Constitution as an elementary right, determines the requirements concerning statutory under-standing of property. According to the principles of EU legislation, property is also perceived as an elementary right, but, as in the Polish law, it does not constitute an absolute (unlimited) right. It is though indicated that public interest in the broad sense of the term may constitute a legal prerequisite for interference in owner’s entitlements.

4

Kształtowanie struktury agrarnej w Polsce – kilka refleksji na tle ustawy z 14 kwietnia 2016 r. o wstrzymaniu sprzedaży nieruchomości Zasobu Własności Rolnej Skarbu Państwa oraz o zmianie niektórych ustaw

63%

Jurcewicz A. , Popardowski P.

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2016

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nr 4 (208)

69-85

EN

Shaping the Agrarian System is one of the basic topics of the Polish Agricultural Law. The main problem here is to define a proper model of ownership relations in the agricultural sector and principles of the real estate trading. These issues are relevant for both economic and political relations. In economy the influence the real capability of the agrcultural sector as well as the standard of living of the agricultural society. In the politics they are treated as the instruments assuring the food security for all the citizens and in the international relations food sovereignity. The article presents, against the historical background, the solutions provided in the recently adopted law, the main purpose of which was to restrict the possibility of acquiring the agricultural real estate by foreigners. The new law provides a ban for the transfer of state owned agricultural real estate not only to foreigners but also to Polish citizens who are not farmers. It also provides certain other restrictions in this area.