Protection of Expropriated Rights in the Light of the Proposals Included in the Urban and Construction Code, and the Standards of a Democratic State Ruled by Law Cover Image

Ochrona praw wywłaszczonego w świetle propozycji zawartych w projektach Kodeksu urbanistyczno-budowlanego a standardy demokratycznego państwa prawnego
Protection of Expropriated Rights in the Light of the Proposals Included in the Urban and Construction Code, and the Standards of a Democratic State Ruled by Law

Author(s): Sławomir Pawłowski
Subject(s): Economy, Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Społeczna Akademia Nauk
Keywords: expropriation; Urban and Construction Code; compensation; expropriation agreement; restitution

Summary/Abstract: The initiative related to the codification of the investment and construction process seems to be a reference to the trend notice able in Western Europe, where in one legal act all provisions regarding this process are included, eg the German Building Code. The above confirm the justifications of the Urban and Construction Code of 2016 and 2017,in which its advantages include the collection of system law in the field of spatial planning and management, real estate management and building law, and regulating them ina single legal act, having a uniform taxonomy and the range of concepts. While the need to create comprehensive regulation does not raise any doubts - in particular, the need to introduce uniformity and consistency of regulation in the broadly understood construction law, this achievement is also possible through evolutionary changes, and therefore appropriate amendments to existing laws, which the scale of the difficulties that accompany the creation of such a large legal act and its implications in the investment process should also be taken into account.

  • Issue Year: 19/2018
  • Issue No: 9.2
  • Page Range: 225-237
  • Page Count: 13
  • Language: Polish