Uwłaszczenie posiadaczy nieruchomości w trybie art. 207 ustawy z dnia 21 sierpnia 1997 r. o gospodarce nieruchomościami

Abstrakt

The paper analyses the interpretation of art. 207 of the law of 21^st August 1997 on the economy of properties. This interpretation arouses many doubts. The paper answers the question whether a real estate could be made as perpetual usufruct following building some houses on it, by virtue of a planning permission, for those who were property owners owned by the commune on 5^th December 1990 and remained its owners on 1^st January 1998. Or, whether the owner’s claims are sufficient, of which law 1 art. 207 speaks, when some houses have been built on the estate by virtue of a planning permission with permanent or temporary localisation, irrespective of what subjects has built them. According to the author, there are no grounds to accept the broader interpretation of art. 207 of the law. In the light of this regulation, those owners who have built houses on the estate by virtue of a planning permission with permanent localisation may be granted property rights. Not only the grammatical interpretation is in favour of this solution, but also its purpose.