Legislator Case Law & Legislation
III RN 9/99 AI generated

Supreme Court dismissed appeal, ruling land grant deeds are civil acts, not administrative decisions subject to administrative review.

Case Number III RN 9/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review appeal against a decision to terminate administrative proceedings as baseless. The lower court had previously ruled that the municipal council's act granting land in perpetuity was a civil declaration of will rather than an administrative decision. Consequently, the court held that such acts fall under civil law and cannot be challenged through administrative procedures.

Legislator headnote

AI generated

Art. 88a ust. 2 ustawy o gospodarce gruntami; Art. 234 KC: The grant of land in perpetuity constitutes a civil declaration of will and is not an administrative act subject to administrative court review.

Keywords

AI generated
perpetual land use civil declaration of will administrative proceedings lex specialis provision extraordinary review appeal municipal authority termination of proceedings

Cited Legislation

AI generated
Art. 88a ust. 2 of the Act on Land Management and Expropriation of Real Estate
Art. 234 of the Civil Code
Art. 105 § 1 of the Administrative Procedure Code
Art. 138 § 1 pkt 2 of the Administrative Procedure Code
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 1 of the Code of Civil Procedure
Art. 10 of the Act amending the Code of Civil Procedure
art. 236 ust. 2 Konstytucji

Cited Case Law

AI generated
I SA 2150/97

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text