市政当局在住房开发方面的商业运作。论自立与为民的冲突与法律的充分性

Dominik Tyrawa
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引用次数: 0

摘要

本文讨论了三个具体问题之间的关系。这些问题包括与市政当局经营企业有关的法律问题、市政当局在住房建设方面的活动以及作为市政当局法律和组织独立性表现的市政住房方案。为了在这一领域获得可靠的研究结果,笔者决定对这些问题的适用标准和法规以及学说的观点进行分析。他指出,在这两种情况下,都没有关于这个问题的详细法律规定,因此在法学理论中也没有对这个问题进行深入的分析。所有这些导致了两类结论的形成。对现有条例进行了评估,指出了它们的重大缺点。此外,还就立法者应对波兰法律制度进行的改革作出结论,以帮助市政当局满足当地社区的住房需要。这项工作使用分析法律文本的方法,在有限的程度上,教条式的方法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Commercial operations of municipalities in housing development . On the conflict between self-reliance and serving people and sufficiency of law
This article deals with the relationship between three specific problems. These problems include legal issues related to running a business by municipalities, activities of municipalities in housing construction and municipal housing programmes (MHPs) as a manifestation of the legal and organizational independence of municipalities. In order to obtain reliable results of research in this area, the author decided to analyse the applicable standards and regulations regarding these issues and the views of the doctrine. In both cases, he observed that there are no detailed legal regulations relating to this issue, and thus there is also no in-depth analysis of this problem in the doctrine of legal sciences. All this resulted in the formulation of two types of conclusions. The existing regulations were assessed with the indication of their significant shortcomings. More­over, conclusions were formulated regarding changes that the legislator should introduce to the Polish legal system to aid municipalities in meeting the housing needs of local communities. This work uses the method of analysing the legal text and, to a limited extent, the dogmatic approach.
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