
The analysis carried out in this publication aims to answer the question about the legal nature of a commune council resolution (analogously, a poviat council resolution) on the sale of real estate with the “premises for land” settlement. The purpose and function of the resolution defining the terms for the sale of real estate with the “premises for land” settlement is to clarify the most important conditions for such a transaction. It is therefore not only a formal requirement of the “premises for land” settlement sale procedure, but also has effects under civil law, especially in determining the maximum extent for offsetting cash benefits by the transfer of ownership of real estate. In this light, the status of this resolution as an act of universal law or an intra-organisational act or qualified as expressing a will by a collegial body as an indispensable element of shaping the future legal relationship with the buyer of real estate is not clear. This analysis proves that contrary to the intentions of the drafters, expressed in the explanatory memorandum to the draft act on the sale of real estate with the “premises for land” settlement (“the resolution specified in this draft will not contain abstract norms, thus it will not be an act of local law and will not require promulgation in the voivodeship official journal”), this resolution goes beyond the structure dedicated to internally binding acts and beyond the understanding of specific and individual norms. The scholarly debate herein relies on the method of investigation of the law in force.
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