2008 Passing a private property to commune or state treasury

On 11 th of October shall come into force resolution dated on 28 th of July 2008 which constitutes an amendment to the resolution dated on 23 rd of April 1964 – Civil Code. The resolution shall enable the owners of the unwanted property to pass it into the commune or State Treasury.

Legislator introduces to the civil code a new solution – property passing agreement. As the name suggests it shall be a contract contrary to one-sided legal activity stipulated in voided by Constitutional Tribunal article 179 of the Civil Code. Therefore, joint statement of will of both parties (the owner and commune/State Treasury) shall constitute the basic requirement to draw the agreement.

Next thing characteristic for this kind of contract shall be its gratuitousness. The owner shall not receive any remuneration for concluding the agreement from commune or the State Treasury.

In the first place authority entitled to conclude a settlement for passing the property shall be a commune where a property is situated in. The commune shall have 3 months’ time period to accept the settlement upon the offer receipt. If the commune shall not accept the offer next authority entitled to do so is the State Treasury.

It is important to mention that the resolution has ius dispositivum character. It states that in the event of lack of different regulation the owner who passes the property is not liable for its defects.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44,
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