Z procesowej problematyki wywłaszczenia na tle dekretu PKWN o przeprowadzeniu reformy rolnej z dnia 6 września 1944 r.
From Procedural Issues of Expropriation Under the Decree of the Polish Committee of National Liberation Concerning the Implementation of the Agrarian Reform of 6 September 1944

Summary/Abstract: As a rule, in civil proceedings, courts are not capable of examining the correctness of administrative decisions. It is the administrative decision that resolves whether the designated real estate is subject to the provisions of the decree on the implementation of the agrarian reform dated 6 September 1944. The common court is bound by such a decision. The legislator, recognising the instances of defective implementation of the agrarian reform, attempted to validate the illegal takeovers of real estate. The assessment of their effectiveness is disputable. The article presents selected legal problems related to the expropriation of real estate under the decree of the Polish Committee of National Liberation of 6 September 1944. In particular, it indicates the consequences of legislative changes with regard to claiming damages, the period of limitation, as well as refers to judicial decisions in selected matters

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