III RN 9/99
AI generated
Supreme Court dismissed appeal, ruling land grant deeds are civil acts, not administrative decisions subject to administrative review.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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 generatedI SA 2150/97