Warsaw decree. Selected system aspects.

In the second edition of the book “The Warsaw Decree – progressive expropriation of real estate” under the changed title “Warsaw Decree. Selected system aspects” one may find not only a review of basic principles of the Decree enforcement – a short act of law as of 1945, which is in force to the present day and determines the legal status of many real estates in Warsaw. Moreover, the Decree and its implementation practice will be analyzed from the perspective of civil and administrative law, as well as in the context of constitutional and international law. On the basis of this analysis on one hand, it will be possible to notice a complicated and constantly evolving expropriation mechanism. On the other hand, it will be possible to predict the directions of possible intervention by the legislator, as well as possible scenarios for the final of many different civil and administrative disputes that have been conducted for years on the basis of the Decree and acts supplementing its norms.

A systemic view of the Decree inspires many interesting reflections related to the problems that often arise intensively at the intersections of various branches of law.

Accurate knowledge of the Decree and its normative context within historical terms is also necessary to assess the current legal status of many Warsaw properties and the current sphere of rights of legal successors of pre-war owners of these properties.

The publication presents, among others:

  • description of the assumptions of the Decree,
  • the constitutional context of the Decree implementation from the time of its issuance to the present day,
  • analysis of pathologies in the implementation of this act and other acts supplementing the norms of the Decree,
  • characteristics of the multi-aspect expropriation carried out by the Decree in the past and still carried out at present times, taking into account the specificity of expropriation of foreigners,
  • guidelines on resolving the conflict of rights of legal successors of pre-war owners with the rights of third parties,
  • directions of possible and in places actually necessary intervention of the legislator,

The publication is especially useful for: legal advisers, attorneys-at-law, notaries, property appraisers, real estate brokers, surveyors and people dealing with the broadly understood real estate market.

The publication contains the content of the Decree of October 26, 1945 on the ownership and use of land in the capital city of Warsaw (Journal of Laws No. 50, item 279).