Podmioty uprawnione do złożenia wniosku dekretowego na podstawie art. 7 ust. 1 dekretu warszawskiego
The entities authorized to submit a decree application under Article 7(1) of the Warsaw Decree

The problem of the owner’s land ownership

Author(s): Marcin Dziewierski
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: owner of the land; legal successors of the landowner; land user; person representing the rights of the owner; ownership and use of land in the area Warsaw; condition of possession; municipalization
Summary/Abstract: Due to a tragic situation in post-war Warsaw, the legislator decided to introduce an extraordinary regulation. In accordance with Article 1 of the decree of October 26, 1945 on ownership and use of land in the area of the city of Warsaw, all land in Warsaw was municipalized. The rights of the current owners, who obtained the right to submit the so-called decree applications, were taken into account. The article analyses the problem of related to the condition of possession. In law and in case law there are two variants of law interpretation. Firstly, the current owner submitting a decree application should be in possession of the land. Secondly, the opposite view is expressed, according to which a submission of a decree application is not dependent on the ownership of the land by the owner. The article aims to analyse both views and resolve the problem.

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