Przysądzenie własności wydane w postępowaniu egzekucyjnym z nieruchomości wobec rozwiązań specustawy drogowej
Adjudication of ownership issued in property enforcement proceedings against solutions of the road law

Summary/Abstract: This article touches on question of road procedure and its specific solutions from the legal proceeding of execution’s point of view. The restriction of dispossessions’ procedure and decrease of formalism are undoubtedly the reason of having a proprietary right by legal person. Although it seems to be a simple procedure it can cause some complications. It appears that the road procedure does not predict any possibility to start a legal proceeding of execution when a property is included. During such proceedings when a decision about giving a property is passed, which causes an acquisition of original nature can be a rea-son of appearing another problems within the scope of deciding the legal person. Accordingly, it all can lead to such situation that despite proceeding a dispossessions’ procedure, a property will not remain to the legal person, but will entitle to the purchaser. Additionally, the legal person will be lacked of possibility to question the decisions which are passed in legal proceeding of execution.

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