dr Radosław Wiśniewski
A building covered by the Warsaw Decree – attempt to revise the post-war legal status of buildings in Warsaw
When assessing the post-war legal status of buildings erected on land subject to the Warsaw Decree, there is currently greater focus on the circumstances surrounding wartime destruction of buildings and the fact that decree-related proceedings are ongoing. This is intended to take away or restrict ownership title to “budynki piątkowe” – buildings fulfilling requirements under Art. 5 of the Warsaw (Bierut) Decree. Meanwhile, the structure of a “decree building” is a refined legal concept that needs to be viewed in the context of laws and case law in effect at the time.
The Terezin Declaration and the JUST Act: What is right and what is imaginary
Recent media reports have claimed that a bill being considered by the US Congress would allow Jewish organisations to seek compensation for so-called heirless property and make other claims under the 2009 Terezin Declaration. While such fears are entirely imaginary, they represent a good opportunity to examine the Terezin Declaration and the state of its implementation in Poland.
The issue of Jewish heirless property demands extraordinary measures
The issue of Jewish heirless property is the most controversial aspect of the debate over finding a comprehensive regulatory solution for reprivatisation in Poland. The general legal principle calling for reversion of property to the state (escheat) if the owner dies without heirs is of little practical assistance in these matters.
Reprivatisation without myths
The issue of reprivatisation is currently being presented through the prism of numerous controversial aspects of restitution processes. This distorts the picture of reprivatisation, which in any event is a limited phenomenon in Poland.
Applicable law under the EU’s Succession Regulation with respect to Polish reprivatisation cases
The EU’s Succession Regulation (650/2012), which went in force on 17 August 2015, permits a choice of the law that will govern inheritance from a decedent. In the context of Polish reprivatisation cases, the best choice is Polish law.
French inheritance documents in Polish reprivatisation proceedings
Reprivatisation cases require identification of all the former owners of the property as well as their legal successors. Thorny problems can arise when inheritance documents from France are involved.
Converting perpetual usufruct into ownership: Unconstitutional giveaway from local governments to private businesses
Poland’s Constitutional Tribunal has held that regulations giving economic entities the right to demand conversion of perpetual usufruct of land into ownership violate constitutional principles of social justice and local government autonomy.
Effectiveness of foreign notarial deeds in Polish reprivatisation cases
In reprivatisation cases, the claimants’ legal succession from the prior owners is sometimes determined from foreign notarial deeds. Their effectiveness in Poland depends on certain factors.
