TOMASZ PRZYBECKI
13-07-2011

Sale of real estate – return of undue consideration

The favorable judgment of the district court ended the law firm’s case against the seller of the property for the return of part of the price received from the buyer.

The basis for reimbursement of the undue benefit is the fact that part of the plots of land even before the conclusion of the transaction passed into the ownership of the municipality on the basis of the Article 73 of the Law of October 13, 1998.

Provisions introducing laws reforming public administration, and therefore the seller could not dispose of them (nemo plus iuris transfere potest quam ipse habet).