Municipal property

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This page is a translated version of the page Mienie komunalne and the translation is 100% complete.

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MUNICIPAL PROPERTY – it is a part of the property of local government units, however the adjective “municipal” requires referring this concept only to local-government units at the municipal level. According to the definition contained in the constitutional provisions of municipal self-government, municipal property is the property and other property rights belonging to individual municipalities and their unions as well as property of other municipal legal persons, including enterprises. This definition is consistent with the understanding of property under the civil law. The category of property (assets) therefore includes all property rights – due to municipalities, their unions and municipal legal persons and municipal companies – such as, in particular: ownership, perpetual usufruct, lease, easement, deposit, property rights on intangible assets. M.p. covers only the wholeness of the assets of these entities, leaving their liabilities beyond its definition. The basic component of m.p. are real estates, although movable goods and rights are also included in the scope of the municipal property. Acquisition of m.p. can happen in several ways. In the case of a municipality – in particular as a result of: transfer of property by the government administration; change of borders, division or merging of municipalities; as a result of the municipality’s economic activity; by other legal acts (e.g., acceptance of inheritance or donation, exchange of real estate). Municipal companies and self-governmental legal entities usually acquire property rights either directly from municipalities or through participation in civil law transactions. What is important, m.p. entities independently decide on the purpose and use of the owned assets (while maintaining the requirements contained in separate legal provisions). Managing m.p. is the task of the village mayor/mayor/president of the city. In turn, the rules of the management of m.p. are determined by the decision-making bodies of local-government units. In the case of associations of local-government units, local government legal entities and municipal companies – the rules of property management are determined in separate legal provisions or internal acts regulating the functioning of these entities. The municipality does not bear any responsibility for the liabilities of other municipal legal persons, and these are not responsible for the municipality’s obligations regarding the management of the m.p. However, it should be remembered that due to the special “public” status of this property, it is the responsibility of the people involved in the management of the m.p. to exercise special diligence in the performance of the management in accordance with the purpose of this property and its protection, which is sanctioned by law [ R. Cieślak ].

Literature: Komentarz do ustawy o samorządzie gminnym, red. P. Chmielnicki, Warszawa 2007 ■ A. Wolter, J. Ignatowicz, K. Stefaniuk, Prawo cywilne. Zarys części ogólnej, Warszawa 1998.