Publication: Reprivatisation proceedings
Wolters Kluwer has published a book by Wardyński & Partners lawyers presenting true stories and real-life issues faced by former owners of nationalised real estate in Poland, their heirs, and the lawyers representing them. The authors discuss actual cases and resolutions they have encountered in their 25-year reprivatisation practice. The book plots the course of various forms of reprivatisation proceedings from initiation through completion.
According to Krzysztof Wiktor, the principal editor of the book and the partner who co-heads the firm’s Real Estate, Reprivatisation and Private Client practices, “The lack of a reprivatisation act is a huge omission by all Polish governments since 1989. The absence of a legislative solution has meant that claimants—the former owners of property taken from them in violation of nationalisation acts, and their legal successors—can pursue their rights only in complex, labour-intensive proceedings through administrative authorities, administrative courts, and civil courts, lasting many years.”
In the book we describe the most typical reprivatisation procedures involving recovery of property in kind and damages for Warsaw real estate, agricultural land, and industrial sites. All of the cases involve claims by the rightful owners or their heirs, most often their children and grandchildren. Using their examples, we show how difficult and complicated these cases can be. The multiplicity of the legal states and factual circumstances, and the need to analyse and apply post-war nationalisation acts that are no longer in force, requires an interdisciplinary approach and skilful manoeuvring between historic and current regulations, civil and administrative law and procedure from different eras.
One of our aims was to show that, overwhelmingly, administrative and judicial reprivatisation has been pursued in Poland lawfully and in good faith. The abuses and outright criminal offences exposed in this area, while reprehensible, are the exception and not the rule.
The book is intended primarily for legal professionals with an interest in reprivatisation—advocates, attorneys-at-law, judges, prosecutors and administrative authorities. We also hope that the book gains the attention of legal scholars and commentators. While enlightening the public with their views on the reprivatisation process, they can also give due attention to the examples of honest and legal reprivatisation we discuss in this work.
Reprivatisation proceedings (in Polish) can be ordered here.