Municipal property and communal ownership
The impact of the political doctrine on the concept
of communal ownership in the comparative and
historical perspective
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Wyższa Szkoła Gospodarki Euroregionalnej
im. Alcide De Gasperi w Józefowie
Publication date: 2018-01-25
JoMS 2013;16(1):147-165
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ABSTRACT
The practical application of the concept of legal personality in the
ancient Roman law allowed colonies to be equipped with the statutory
provision of powers to own property. The autonomy of the local community
was independent of changes in the political system. The origins of
self-republican times come down to the republican democracy, but its full
development occurred in times of strong centralization of power in the
hands of the emperor. Political changes did not have so much influence
on the design and function of local governments. After the Second World
War in Poland, in the first period, there was attempt to keep appearances
of self-government, based on the pre-war legislation. Sovietization led to
increasingly strong centralization of power in the hands of party decisionmaking
bodies. The national councils already appointment in 1944, originally
as a control, later decision-making, were only an extension of the
state administration. It did not have a legal personality and therefore cannot
dispose of property. Not only interests of the local community were
realized, but strategic national development objectives by Marxist ideology
were implemented. Reversion to the local government in Poland took
place only after the change of political system in 1989. The combination
of the solutions of Roman law and contemporary legal system shows how
negative effects ideology put by force on live has got, especially through
legislative measures and specific political system.