Temat: local self-government unit - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Municipal Lex Contractus – Effectiveness of the Terms and Conditions for the Sale of Real Estate from the Municipal Real Estate Stock in Shaping the Real Estate Development Process
Autorzy:: Słotwiński, Szymon
Powiązania:: https://bibliotekanauki.pl/articles/40445070.pdf
Data publikacji:: 2023
Wydawca:: Katolicki Uniwersytet Lubelski Jana Pawła II
Tematy:: sale of real estate
local self-government unit
municipality
Opis:: The municipality, acting in the sphere of dominium, independently decides on the use and manner of use of individual assets. However, the trade in real estate constituting the subject of ownership of this local self-government unit requires compliance with a number of legal regulations, the most significant of which is the Act of August 21, 1997 on Real Estate Management (consolidated text Journal of Laws of 2021 item 1899, as amended). However, none of the provisions of the law refers explicitly to the freedom and limits of shaping by the municipality of the terms and conditions for the disposal of real estate, which in the case of a non-tender route are determined in negotiations conducted with the buyer, while in the case of a tender they are announced in the contract notice. The content established in this manner is then included in the protocol, which forms the basis for the conclusion of the contract, and thus directly affects the shape of the contractual legal relationship. The purpose of the publication will therefore firstly be to set out the legal framework for the municipality’s determination towards the future buyer of the real estate of the specific manner, in which the investment is to be carried out, as well as to answer the question as to the real possibility of the former owner (municipality) co-shaping the investment proces on the sold real estate after the buyer has signed the contract. The importance of the issue under consideration is expressed in the decision as to whether the creation by the municipality of its own lex contractus by means of the terms and conditions for the disposal of the real estate relating to specific deadlines for the commencement and completion of the investment process, the manner of use and development of the real estate, as well as the liability of the new owner towards the previous owner for their violation, is legally effective and can actually be enforced by the municipality.
Źródło:: Review of European and Comparative Law; 2023, 53, 2; 209-232
2545-384X
Pojawia się w:: Review of European and Comparative Law
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Ethical and political dilemmas of local self-government in Poland in the course of systemic transformations (1990–2018)
Autorzy:: Kasiński, Michał
Powiązania:: https://bibliotekanauki.pl/articles/653162.pdf
Data publikacji:: 2018
Wydawca:: Uniwersytet Łódzki. Wydawnictwo Uniwersytetu Łódzkiego
Tematy:: local self-government
local democracy
democratic responsibility
local self-government representation
local government unit executive body
European Charter of Local Self-Government
Opis:: The study presents critical reflections on the course and results of Polish local self-government reforms from March 1990, when after 40 years of the system of territorial soviets (national councils), self-government was reintroduced into communes, until January 2018, when an attempt to improve the systemic institutions of self-government in communes, poviats and voivodships was once again revisited. The author points out significant discrepancies between the basic ethical and political values of local self-government, i.e. democracy, independence and efficiency, and the changing content of self-government systemic laws as well as the practice of local authorities’ operations, and formulates proposals aimed at repairing Polish local self-government by adjusting its organisation and functioning to the principles resulting from the Constitution of the Republic of Poland and the European Charter of Local Self-Government. He considers as the most important the elimination of pathological phenomena of simulated local democracy which include: a drastically low turnout in elections and referenda, the disappearance of democratic responsibility of local self-government bodies, and the autonomy of the directly elected executive body of the commune from the influence of the local representation. From this point of view, he positively assesses the new regulations, strengthening the guarantee of transparency of operations carried out by local self-government bodies and control rights of councillors, as well as expanding the catalogue of initiative, consultative and control powers of citizens. He points out, however, that ensuring real democracy in of the local authorities requires a deeper reconstruction of the principles of self-government, the election process, and strengthening the role of representation in creating and enforcing the responsibility of executive bodies.
Źródło:: Annales. Etyka w Życiu Gospodarczym; 2018, 21, 7; 7-26
1899-2226
2353-4869
Pojawia się w:: Annales. Etyka w Życiu Gospodarczym
Dostawca treści:: Biblioteka Nauki

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