Open AccessLegal conditions of setting the adjacent payment by communes
Author(s) -
Paweł Marek Woroniecki
Publication year - 2019
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0014.0242
Subject(s) - payment , property (philosophy) , order (exchange) , sentence , point (geometry) , business , value (mathematics) , actuarial science , law and economics , law , economics , political science , computer science , finance , mathematics , artificial intelligence , philosophy , geometry , epistemology , machine learning
The goal of the article is an estimation of legal provisions regulating the adjacent paymentfrom the view of protection of finanacial interests of entities paying this payment. The legalground for consideration are provisions included in the Property Economy Act of 21st August1997 (consolidated text: Journal of Laws of 2018 item 2204 with later amendmets).For realization of the article’s goal, several detailed issues have been separated. In the first orderthe concept of the adjacent payment has been defined on the ground of the Property EconomyAct (see article 4 point 11 of the Property Economy Act) and the essence of this payment indoctrinal approach has been presented. Afterwards issues connected with setting the amountof the adjacent payment and property value have been presented. In the last order proceduralproblems referring to fixing and paying the adjacent payment have been discussed. In summation,conclusions which are the evaluation of the adopted solutions have been formulated. Theintruductory thesis telling, that legal construction of the adjacent payment contains mechanismsprotecting finanacial interests of entities obligated to paying it has been confirmed. In particularsolutions consist in establishing the maximum percentage rates for the adjacent payment (seearticle 98a item 1 the second sentence, article 107 item 1 the first sentence, article 146 item2 the first sentence and item 2a of the Property Economy Act) and allowing the possibility ofinstalment remitting the adjacent payment (see article 147 item 1 and article 98a item 1 thefourth sentence of the Property Economy Act) have been recognized as accurate because theyprotect interests of entities obliged to remitting the adjacent payment. Moreover, one shouldstress the possibility of settlement of the adjacent payment by transferring of right to specifiedparcel of land (see article 98a item 4 and article 107 item 5 of the Property Economy Act).This solutions also has to be recognized as rational.