Pojęcie słuszności a określanie wysokości opłat wynikających z ustawy o gospodarce nieruchomościami

Abstract

The purpose of this article is to illustrate that the law in real estate management, which is one of the most important instruments in the calculation of property management fees, does not take into account the principle of equitability. In determining the amount of fees, the operator is obliged to follow the market value which the law sets. Only the determination of compensation for the expropriation of real estate incorporated in the Polish Constitution, specifies that compensation must be eqiutable. Determination of the fees based solely on the value of the property should disable subjectivity in determining the fee. However, such a finding could lead to charges that the person required to pay the fee could feel that his particular charge is not correct in the individual case.