Pierwszeństwo nabycia nieruchomości w trybie ustawy z dnia 21 sierpnia 1997 r. o gospodarce nieruchomościami
Priority in Acquisition of Real Estate as per Act from 21st August 1997 on Real Estate Management
Author(s): Marek StaweckiSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: acquisition; real estate; register; property; priority
Summary/Abstract: The purpose of this institution is to prohibit managing the real property by a given entity in the way that can considered as distorting. The essence of this regulation is to eliminate other entities applying for the same thing. This law applies only in case of selling the real estate that constitutes the property of the State Treasury or local authority and does not apply in case real estate is sold by other owners. Legal consequences of concluding the sale agreement of real estate with avoiding priority in acquisition are assessed differently. Most decisions indicate for the lack of invalidity sanction. The prevailing opinion is that liability for damages seems to be the only sanction.
Journal: Studia Administracyjne
- Issue Year: 2021
- Issue No: 14
- Page Range: 63-76
- Page Count: 14
- Language: Polish