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dr Szymon Słotwiński
ORCID: 0000-0002-9763-6747

Dr Szymon Słotwiński

Doctor of Law, graduate of the Faculty of Law and Administration at the University of Szczecin. Since 2017 assistant professor at the Faculty of Law and Administration, University of Szczecin. Member of the research team dealing with the issues of organisation and functioning of municipality self-government.

 
DOI: 10.33226/0137-5490.2022.3.4
JEL: K2, K11, K25

The division of the real estate is one of the key issues for the creation of a new subject of civil law transactions. The real estate registration division carried out at the beginning is the starting point for the subsequent correct legal division and, ultimately, a change of owner. However, the planning power of local government units aimed at maintaining the coherence of spatial order means that the content of the division decision may be expanded and include provisions directly affecting the manner of disposal of this property, its management or communication with the nearest public road. It is mainly about situations in which the separated land does not meet the conditions of an independent building plot due to its shape or surface. Sometimes, however, there are limitations in division decisions, which are not supported by legal regulations, and certainly not those expressly expressed in legal acts. For this reason, the paper aims to answer the question about the legal basis for extending the content of the division decision with additional conditions related to the legal fate of the separated registration plot, as well as an attempt to determine the legal consequences for contracts transferring the ownership of real estate contrary to the content of the division decision. The text also addresses the issue of eliminating a division decision from legal circulation, the content of which does not correspond to the actual state.

Keywords: spatial order; land plot; division of real estate
DOI: 10.33226/0137-5490.2019.10.5
JEL: K15

The article approaches the issue of the impact of the approval of gambling terms of use by a competent public administration body for the ability to control the content of this terms against unlawful clauses. The considerations began with a key issue for proper research on this issue, and hence a definition of the model form of a contract and its legal qualification. On this basis, the gambling terms of use were considered as the standard contract, which gives the news of the currently neglected division into normative and non-normative model forms, including qualified and non-qualified ones. Finally, a comparative analysis of the regulation of gambling games with solutions adopted in the energy and telecommunications law was used in the scope of approval of contract models used on both markets was made in order to demonstrate imperfect regulation of the gambling law, which excludes the recognition of it as a lex specialis to the regulation of art. 384–385 4 polish Civil Code.

Keywords: unlawful clauses; model form of a contract; term of use; administrative decision