Non-contract private building management by communes as management of another person’s affairs without mandate Cover Image
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Non-contract private building management by communes as management of another person’s affairs without mandate

Author(s): Jarosław R. Antoniuk
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniwersytet Opolski
Keywords: management of property; commune; private property; mandate;

Summary/Abstract: The article deals with the problem of non-contract private building management by communes. The situation, however, generates conflicts over the administration between the buildings' owners and the communes. In the firs place, the author of the article discusses the legal regulations binding in the period of the People's Republic of Poland, witch caused numerous properties, particularly privately-owned buildings, to remain in the possession of communes. In order to assess the legal relation between the commune and property owners, the provisions of Articles 752-757 of the Polish Civil Code, witch concern management of another person's affairs without mandate (negotiorum gestio) are applied. On the ground of this regulation, the author examines the rights and duties of the commune managing private buildings and its responsibility against owners of properties. He also discusses the question of binding property owners to contracts made by the commune. Frequently, the property managed by communes has unregulated legal status, which hinders their return to the righteous owners. In consequence, communes are forced to manage the property. Therefore, the author shows the legal basis of the commune's claim for taking over the management of buildings by their legal owners.

  • Issue Year: XII/2014
  • Issue No: 3
  • Page Range: 9-26
  • Page Count: 18
  • Language: Polish