Monitor Prawniczy

no. 16/2016

Landed property in the light of the agrarian reform decree

Aleksander Lichorowicz
Abstract

The gloss concern the Supreme Administrative Court judgment of 24 June 2015, I OSK 2440/13, setting the extent of the term “landed property” used in the agrarian reform decree of 6 September 1944. The proper setting of the extent of this term is of crucial importance for establishing the nationalization consequences of that decree. Referring to the original wording of the agrarian reform decree of 6 September 1944, as well as its historical interpretation, the author criticizes the broadening interpretation of the term “landed property” made by the judicature and administrative authorities, which may have led to the extension of the nationalization consequences of the decree beyond those prescribed by the law.