III AZP 31/95
AI generated
Supreme Court allows return of perpetual use rights as property under land restitution law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether land restitution applies to perpetual use rights established before the 1961 Urban Land Act. The court held that such rights, being the closest to ownership, must be returned under the same conditions as land ownership. Consequently, the claim for the return of the perpetual use right was permitted despite its pre-1961 origin.
Legislator headnote
AI generatedArt. 69 ust. 1 ustawy o gospodarce gruntami i wywłaszczaniu nieruchomości; Art. 41 ustawy o gospodarce terenami w miastach i osiedlach: The return of expropriated perpetual use rights is governed by the same rules as the return of expropriated land ownership.
Keywords
AI generated
land restitution
perpetual use right
expropriation return
urban land law
property rights
legal question resolution
decree of 1952
Cited Legislation
AI generatedArt. 69 ust. 1 of the Act on Land Management and Expropriation of Property
Art. 41 of the Act on Land Management in Cities and Settlements
Art. 7 of the Constitutional Provisions
§ 2 of the Minister of Communal Economy Regulation of 26 January 1962
art. 391 k.p.c
art. 211 k.p
art. 391 § 1 k.p.c
art.156 § 1 k.p
art.158 § 2 k.p