Legislator Case Law & Legislation
III AZP 25/95 AI generated

Supreme Court rules that building and selling a house to adult children does not justify eviction of a police officer's assigned apartment.

Case Number III AZP 25/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the legal question regarding whether a police officer's construction and sale of a house to adult children constitutes a valid ground for eviction under specific regulations. The court found that the officer built the house using state funds and sold it to his adult daughters, who were no longer considered dependents under the Police Act. The court decided that the literal and functional interpretation of the internal regulation required strict adherence to its specific criteria, which were not met by this scenario.

Legislator headnote

AI generated

§ 15 ust. 1 pkt 7 zarządzenia nr 49 Ministra Spraw Wewnętrznych z dnia 10 maja 1991 r.; The construction of a separate residential house by a police officer using state funds and its subsequent sale to adult children does not constitute a ground for eviction under the cited regulation.

Keywords

AI generated
police officer housing eviction grounds state construction funds property transfer to children internal regulation interpretation functional interpretation family dependency status

Cited Legislation

AI generated
§ 15 ust. 1 pkt 7 zarządzenia nr 49 Ministra Spraw Wewnętrznych z dnia 10 maja 1991 r.
art. 51 pkt 1 Prawa lokalowego
art. 89 pkt 2 ustawy o Policji
art. 391 k.p.c
art. 211 k.p

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