Compensation for failure to provide a social unit — selected issues Cover Image

Odszkodowanie za niedostarczenie lokalu socjalnego — zagadnienia wybrane
Compensation for failure to provide a social unit — selected issues

Author(s): Alicja Rybak
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: non-contractual use of the premises; social housing; compensation from the municipality

Summary/Abstract: The aim of this article is to present the institution of compensation for failure to provide social premises regulated in Article 18 of the Act of 21 June 2001 on the protection of tenants’ rights, municipal housing resources and amendments to the Civil Code. The author attempts to conduct a comprehensive analysis of Article 18 (3a) and (5) of the mentioned act, in particular she cites the purpose and reason for the amendment of said regulation and the obligation to provide a social lease of premises. A moment when the municipality’s liability arises and when it expires are also taken into account in the study. Other items of consideration include the amount and components of compensation, periods of limitation, the legitimacy of entities entitled to claim compensation, as well as the principles of liability of the relevant municipality. The indicated issues were considered on the basis of the dogmatic-legal method.

  • Issue Year: 44/2023
  • Issue No: 1
  • Page Range: 31-46
  • Page Count: 16
  • Language: Polish