Legislator Case Law & Legislation
III AZP 10/94 AI generated

Supreme Court rules that the 1992 land reform law does not apply to municipal entities that ceased to exist before its enactment.

Case Number III AZP 10/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the legal question regarding whether the 1992 land reform law applies to municipal legal persons that existed in 1990 but ceased to exist before the law's enactment. The Court held that the law's retroactive effect requires the entity to possess legal personality at both the start and end dates of the regulation. Consequently, the law does not apply to municipal entities that lost their legal personality prior to the law's entry into force.

Legislator headnote

AI generated

Art. 2a of the Act on changing the Act on land management and expropriation of real estate; The retroactive land reform law does not apply to municipal legal persons that ceased to exist before its entry into force.

Keywords

AI generated
retroactive application municipal legal persons land reform law legal personality expropriation rights property acquisition administrative law

Cited Legislation

AI generated
Art. 2a of the Act on changing the Act on land management and expropriation of real estate
Art. 211 of the Code of Administrative Procedure
Art. 391 of the Code of Civil Procedure
art. 391 k.p.c
art. 211 k.p
art. 391 § 1 k.p.c
art. 1 Konstytucji RP

Cited Case Law

AI generated

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