Assessment of the committee’s Bill on Amendment of the Act on Management of Real Estates Cover Image

Ocena komisyjnego projektu nowelizacji ustawy o gospodarce nieruchomościami
Assessment of the committee’s Bill on Amendment of the Act on Management of Real Estates

Author(s): Henryk Dzwonkowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: real estate; regulatory impact assessment; bill;

Summary/Abstract: he author assesses that it is a legitimate intention to introduce into the legal system regulations providing for the possibility of an effective reaction of selfgovernment bodies to extreme cases of unjustified differentiation of the legal situation and, consequently, the financial one of individual owners of properties on which the adjacency fee is imposed. However, there are serious doubts as to the purposefulness of proceeding the bill, what results from a parallel legislative process, regarding a governmental bill which also covers the issue of the application of reliefs in connection with the imposition of an adjacency fee. The author points out that the legal means planned by the authors of the amendment are inappropriate with regard to the purpose of the statute, because they are connected to norms applied only in relation to civil law receivables, in a situation where the adjacency fee is strictly of a public law nature.

  • Issue Year: 2019
  • Issue No: 2
  • Page Range: 156-162
  • Page Count: 7
  • Language: Polish
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