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.
eISSN:2391-789X
ISSN:1734-2031