Number Of Disputes Research Articles

Investigating the Factors Impacting the Performance of Small and Medium-Scale Irrigation Construction Projects in Eastern Amhara

Recently due to their economic value, there has been a rapid increment of water work construction projects in Ethiopia. However, there is a problems regarding their performance, like cost overrun, time overrun, low productivity & low quality. The same is true for water work projects that are constructed by Amhara Water Works Construction Enterprise. This research work aims to identify and evaluate the main factors affecting the performance of small & medium-scale irrigation construction projects in eastern Amhara region-Ethiopia. To achieve the objectives of this research study, five irrigation construction projects were targeted as the population of the study and both qualitative & quantitative data were collected by desk study, questioner survey, and interviews. Total 75 questionnaires were distributed to the respondents and out of these 75 distributed questionnaires, 70 (93.33%) questionnaires were returned. The data collected were analysed using SPSS version 25 and the significance factors were ranked by using their Relative Importance Index (RII). The results show that the top ten critical factors that affecting performance agreed upon by all parties were an escalation of material prices, unavailability of resources, number of disputes between owner and project parties, quality of equipment or machinery and raw materials, unavailability of competent staff, financial constraints, material and equipment cost, local climate conditions cost of variation orders and leadership skills for project manager.

Право заказчика на немотивированный отказ от договора подряда и механизм возмещения убытков подрядчика

Disputes related to construction contract traditionally constitute a significant part of the cases considered by commercial courts. According to the Judicial Department of the Supreme court of the Russian Federation, the number of disputes from a construction contract (in particular, disputes arising from improper performance of obligations) in commercial courts significantly exceeds other categories of cases from other types of contracts in terms of the size of claims. It seems that there are several reasons for this circumstance. Firstly, to date more than 20 years have passed since the adoption of the only review of the practice of resolving disputes under a construction contract (Information Letter of the Supreme Commercial Court of the Russian Federation dated January 24, 2000 No. 51) Secondly, today there is not enough systemic clarification on a number of fundamental issues of the performance of the contract (for example, the possibility of changing the fixed contract price by agreement of the parties, increasing the term of the government contracts, etc.) In this regard, contractual regulation of construction projects is not only relevant, but also a difficult area of legal practice.

A conceptual framework of decentralized blockchain integrated system based on building information modeling to steering digital administration of disputes in the IPD contracts

PurposeIn the construction industry, various parties are involved in a project. Consequently, claims and disputes are inevitable in this industry. This paper aims to develop Integrated project delivery (IPD) practices including early involvement of stakeholders and multiparty contracts which its combination with advanced technologies such as blockchain can lead to better dispute management and improve the whole construction process.Design/methodology/approachBased on literature review, the alternative dispute resolution (ADR) for IPD contacts were identified, and three formats of IPD contracts were selected, and the dispute resolution process of them has been analyzed. Then, based on blockchain review, a conceptual blockchain-based dispute management (BDM) model was generated for ADR in IPD. Model validation was done by an interview. Experts were asked to compare the BDM model with the traditional system regarding the ADR duration.FindingsAnalyses of the collected data from the experts demonstrated that the BDM model has better function in terms of time and cost for ADR process when the project is facing serious and considerable number of disputes. The relation between blockchain technology (BCT) and building information modeling (BIM) has been examined through a framework, and the ability of the proposed model for administrating dispute resolution process has been verified using four different scenarios of construction claims that show the system can run successfully.OriginalityThe current study proposes a truthful model, reliable framework to address the problem of project dispute management in IPD contracts. The system combines the ability to being unchangeable and the reliability characteristics of BCT with informative and automation aspects of BIM together to improve dispute resolution issue in the IPD system.

Trustee powers—observations from Australia

Abstract Much of the current and future intergenerational wealth transfers in Australia is and will be through discretionary family trust structures and testamentary trusts. The number of disputes in relation to the administration of these trusts will very likely increase. This article provides a general overview of some specific aspects of trust administration and trustee powers and obligations in Australia, including adding and removing beneficiaries, decanting trust assets, provision of information to beneficiaries, fettering of discretions and avoiding or resolving disputes in relation to the exercise of those powers.

Progress and Limitation of China's Foreign-related Civil and Commercial Jurisdiction Procedure

With the developing of economic globalization and the expansion of China's opening to the outside world, Chinese enterprises are becoming more active in cross-border transactions, and the number of disputes is increasing at the same time. In 2022, China released Provisions of the Supreme People's Court on Several Issues concerning Jurisdiction over Foreign-related Civil and Commercial Cases and Minutes of the National Symposium on the Foreign-related Commercial and Maritime Trial Work of Courts, making new Provisions over Foreign-related civil and commercial jurisdiction. Building on a case analysis and a systematic overview of the two newly issued documents, this article focuses on issues existing in the jurisdiction concerned with civil and commercial foreign-related cases. By referring to foreign legislative experiences and practices in the jurisdiction concerned with civil and commercial foreign-related cases, the author proposes suggestions to improve China's jurisdiction procedures for civil and commercial foreign-related cases, rooted in China's national conditions and realistic needs, for the purpose of strengthening China's existing judicial practice of the application of foreign-related civil laws, protecting the legitimate rights and interests of Chinese citizens and enterprises in participating in economic globalization, and achieving the coordinated development for both domestic and foreign rule of law.

Development of Artificial Intelligence in the Dispute Resolution of Religious Courts

The number of disputes in religious courts continues to increase every year, giving great potential to develop the use of artificial intelligence to make it more efficient and effective by paying attention to the basic principles of Islamic law. This paper discusses the potential and development of the use of artificial intelligence technology in dispute cases in religious courts based on Maslahah Mursalah. The research method is juridical-normative, with a conceptual and philosophical approach. The research shows that the use of artificial intelligence in dispute resolution at religious courts is important for the reason that it can minimize the risk of errors and help judges determine legal considerations in the dispute resolution of Islamic law so that they are more accurate, effective, and efficient. The potential for developing the use of artificial intelligence technology in religious courts must consider several aspects, including the integration of artificial intelligence technology in the dispute resolution process in religious courts, the development of artificial intelligence-based decision support systems, and legal-ethical aspects of the use of artificial intelligence in religious courts. The formulation of the concept for developing the use of artificial intelligence technology in dispute resolution in the religious courts must be guided by the Maslahah Mursalah principle as a moral-ethical foundation within the legal system framework, which includes legal structure, legal substance, and legal culture so that the development of the use of artificial intelligence technology in the disputes resolution of Islamic law in religious courts be effective and justice for all.

이슬람 금융계약의혼합 준거법 조항(combined-law clause)에 관한 연구

The rapid growth of Islamic finance lead to a rise in the number of disputes that implicate Islamic law(Shaira). Even though the primary law of Islamic finance contract can be that of a common law or civil law country, the implication of Sharia still remains. There is a resistance by some courts to apply Sharia to contracts which invoke another national law. This judgment is based on the principle that only one law can govern a contract and the Rome Convention’s requirement that the law of a contract be that of a national system. Scholars also support these conclusions by general precepts of common law and legal reasoning. In spite of these firm statements from courts and scholars, the practice of arbitral tribunal judging matters of Islamic finance has been to apply the principles of Sharia to fulfill the intent of the parties, who used Islamic financial instruments instead of conventional bank products. There are also cases showing that U.S. courts and European arbitrators are willing to use Sharia.
 If judges do not understand the reasoning of Islamic finance practice in incorporating Sharia, just like Shamil Bank v. Beximco Pharmaceuticals case, the result greatly hampers the growth of Islamic finance industry as well as the bad prejudice of Islamic law. As Islamic finance arbitrations consistently show a reliance on the use of national law with Sharia, western courts should judge the dispute to the greatest extent possible in accordance with the chosen national law, and only resort to applying Shariah principles as a gap-filler or when Islamic law sources are the basis of the specific issue being raised.

Conceptualizing new avenues of the Indo-Pak hostilities: an analysis of the invisible PsyWar operations and challenges

The modern era of information warfare has also opened new avenues of warfare. “Psychological War” or “PsyWar” has been a non-violent weapon used to attain military aims and objectives against the enemy since biblical times while ensuring the minimal loss of human life. India and Pakistan, after their inception, have been psychologically obsessed with each other on a number of disputes. The disputes between India and Pakistan are considered one of the most long-lasting disputes of the post-World War era. The article specifically covers the Post nuclearization scenario of the Indo-Pak region and the conceptual debate of the re-emergence of PsyWar in the region. The study digs deep into the nuclear dimension of the Indo-Pak crisis, which played a subversive role in aggravating the hostile relationship and its relevance. The psychological dimension of disputes is as crucial as its physical dimension. In the present era of technological advancement in warfare, new concepts of artificial intelligence (AI) have become even more relevant, particularly for a nation-state where the socio-psychological danger is more pronounced. Thus, it is imperative to analyze the notion of PsyWar operations and the role of information warfare in digital theatre to highlight the upcoming regional challenges.

이슬람 금융계약의 혼합 준거법 조항(combined-law clause)에 관한 연구

The rapid growth of Islamic finance lead to a rise in the number of disputes that implicate Islamic law(Shaira). Even though the primary law of Islamic finance contract can be that of a common law or civil law country, the implication of Sharia still remains. There is a resistance by some courts to apply Sharia to contracts which invoke another national law. This judgment is based on the principle that only one law can govern a contract and the Rome Convention’s requirement that the law of a contract be that of a national system. Scholars also support these conclusions by general precepts of common law and legal reasoning. In spite of these firm statements from courts and scholars, the practice of arbitral tribunal judging matters of Islamic finance has been to apply the principles of Sharia to fulfill the intent of the parties, who used Islamic financial instruments instead of conventional bank products. There are also cases showing that U.S. courts and European arbitrators are willing to use Sharia.
 If judges do not understand the reasoning of Islamic finance practice in incorporating Sharia, just like Shamil Bank v. Beximco Pharmaceuticals case, the result greatly hampers the growth of Islamic finance industry as well as the bad prejudice of Islamic law. As Islamic finance arbitrations consistently show a reliance on the use of national law with Sharia, western courts should judge the dispute to the greatest extent possible in accordance with the chosen national law, and only resort to applying Shariah principles as a gap-filler or when Islamic law sources are the basis of the specific issue being raised.

Reasonable terms of judicial review as an element of protection of the right to a fair trial in the context of the ECHR practice: the experience of Italy

The article analyzes the experience of Italy related to the obligation of the state to implement at the national level an effective mechanism for protecting the right to trial within a reasonable time, taking into account the case law of the European Court of Human Rights. It was also pointed out that the issue of implementation of the principle of fair trial is rather complicated. The author stated that the right to a fair trial, enshrined in the Convention for the Protection of Human Rights and fundamental freedoms, includes several components that expand and detail its contents. The article stated that the reasonable term of the trial is a separate element of accessibility of justice. The author determined that the term of judicial review begins to count from the moment of the submission of the claim to the court and it is finished by the execution of the court decision. At the same time, it can be considered reasonable, taking into account the complexity of a particular civil case, behavior of the applicant and government bodies, the importance of the question for the applicant or the special situation of the person who is applying to court for the protection of his violated, unrecognized or disputed right, freedom or interest. The author also drew attention to the fact that the overload of the judicial system can be caused by certain emergency situations, for example, economic recession, when the state cannot predict an increase in the number of disputes in advance. The article stated that Italy is the first state to introduce legal measures of protection of the right to fair trial within reasonable time at the level of national legislation. The author noted that the understanding of the terms of the consideration of each civil case is guaranteed by fairness in the judicial process and it is a separate element of the accessibility of justice. The article determined that the ECHR does not recognize specific terms that could be considered reasonable or unwise, but the Court has developed certain criteria for assessing the understanding of such terms of judicial review, which will lead to greater effectiveness of judicial protection. On the example of experience of Italy, the author stated that the introduction of new legal mechanisms in the legal models of states cannot always solve the problem and such an approach requires more detailed research.

Intervention in family conflicts through mediation from the comparative perspective of Brazil and Portugal legislation

The jurisdictional function of a country plays an important role in the resolution of family conflicts, causing a high number of lawsuits. However, the ability to resolve conflicts of this nature is not exclusive to the judiciary, it being possible for other ways, with help of a third party other than the State. Given the growing number of disputes that can be resolved extra judicially, the need for more investment in the development of other means of conflict resolution, such as mediation, to achieve social peace remains evident. This article aims to compare some aspects of mediation in Brazil and Portugal, seeking to focus especially on family conflicts, investigating similarities, equivalences and differences between the family mediation guiding principles in Brazil and Portugal. For this effect, it was privileged bibliographical and legislative research, with qualitative comparative analysis, which led to the conclusion that, despite the differences, the two diplomas are very similar, showing equivalences and few absences, which do not compromise the basis of mediation.

Reasonable terms of judicial review as an element of protection of the right to a fair trial in the context of the ECHR practice: the experience of Italy

The article analyzes the experience of Italy related to the obligation of the state to implement at the national level an effective mechanism for protecting the right to trial within a reasonable time, taking into account the case law of the European Court of Human Rights. It was also pointed out that the issue of implementation of the principle of fair trial is rather complicated. The author stated that the right to a fair trial, enshrined in the Convention for the Protection of Human Rights and fundamental freedoms, includes several components that expand and detail its contents. The article stated that the reasonable term of the trial is a separate element of accessibility of justice. The author determined that the term of judicial review begins to count from the moment of the submission of the claim to the court and it is finished by the execution of the court decision. At the same time, it can be considered reasonable, taking into account the complexity of a particular civil case, behavior of the applicant and government bodies, the importance of the question for the applicant or the special situation of the person who is applying to court for the protection of his violated, unrecognized or disputed right, freedom or interest. The author also drew attention to the fact that the overload of the judicial system can be caused by certain emergency situations, for example, economic recession, when the state cannot predict an increase in the number of disputes in advance. The article stated that Italy is the first state to introduce legal measures of protection of the right to fair trial within reasonable time at the level of national legislation. The author noted that the understanding of the terms of the consideration of each civil case is guaranteed by fairness in the judicial process and it is a separate element of the accessibility of justice. The article determined that the ECHR does not recognize specific terms that could be considered reasonable or unwise, but the Court has developed certain criteria for assessing the understanding of such terms of judicial review, which will lead to greater effectiveness of judicial protection. On the example of experience of Italy, the author stated that the introduction of new legal mechanisms in the legal models of states cannot always solve the problem and such an approach requires more detailed research.

Tax dispute settlement mediation arrangements in the future tax court

Tax Dispute Settlement in the Tax Court has not provided a sense of justice and legal certainty and is only through litigation that is win-lose (win-lose). Settlement of tax disputes through litigation is less useful because the process is long and lengthy, besides that tax disputes continue to increase. The existing tax dispute resolution methods do not reflect the dispute resolution process that is simple, fast, low cost, and does not provide a sense of justice and legal certainty. Alternative tax dispute resolution is through a mediation process, but in this process there is no norm that regulates it. The purpose of this study is to find out how the mediation arrangement for tax dispute settlement in the Tax Court should be in the future. The research method used is a normative legal research method with a statutory approach, a historical approach, a concept approach and a comparative approach. The legal materials used consist of primary, secondary, and tertiary legal materials with the technique of collecting legal materials, namely through library research. The technique of analyzing legal materials is carried out by qualitative juridical methods. The results of the study indicate that the settlement of tax disputes through mediation can be regulated in the Tax Court Law by examining the Ordinary Procedure prior to the examination of the subject matter of the dispute, and mediation can be carried out for certain types of tax disputes, so as to achieve a simple, fast and low-cost dispute resolution for the taxpayers. disputing parties, and can reduce the number of disputes that must be examined and decided by the Tax Court.

Exclusion of a legal entity from the Unified State Register of Legal Entities: cases of use, procedure and consequences

The subject of research. In 2005, a new institution for exclusion of a legal entity from the Unified State Register of Legal Entities by decision of the registering authority (or, as it is also called "administrative termination of a legal entity"). Subsequently, as a result of a number of changes, including the Civil Code of the Russian Federation, introduced by federal laws in 2014, 2015, 2016 and 2019, this institution was formed in the form in which it currently exists Its importance, at first more technical, has increased significantly after the changes in 2015, when this institution began to be used to conduct a large-scale "cleaning" of the Unified State Register of Legal Entities from inactive legal entities. As a result, millions of legal entities have been excluded from the Unified State Register of Legal Entities in recent years. In addition, the range of situations in which this institution began to be applied has expanded. Accordingly, the increase in the number of disputes is due to the fact that such exclusion affects the rights and interests of many persons (creditors, participants of excluded legal entities, members of their governing bodies). These disputes have often been the subject of close attention of the Russian Constitutional Court (the latest example is the decision of the Russian Constitutional Court of May 21, 2021 No. 20-P). The article examines the goals of this institution, its development, shows the most problematic situations related to the application of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities.The purposeof the article is to identify the main problems of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities, as well as formulate the main directions for changing this institution. The author's main scientific hypothesis is that during the development of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities, its original goals were lost. New goals and meanings were also formulated (in the legal positions of the Constitutional Court of the Russian Federation), which eventually (taking into account the significant shortcomings of the exclusion procedure itself) lead to violation of the rights of a significant number of interested persons. The author believes that in the development of this institution there is clearly a disproportion in terms of its application in relation to limited liability companies and persons controlling such a company. The author also notes the lack of a unified concept of the institution of exclusion from the Unified State Register of Legal Entities, since along with the administrative procedure for the termination of legal personality, the legislation also recognizes the judicial procedure. Description of research methods and methodology. The research is based on a systematic analysis, as well as the use of methods of interpretation developed in the doctrine.The main results, scope of application. The goals of creating the institution of exclusion of a legal entity from the Unified State Register of Legal Entities are established, the development of this institution is shown taking into account the legal positions of the Russian Constitutional Court, judicial practice, conceptual provisions on reforming civil legislation.Conclusions.There is a need for a complete renovation of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities. The main directions for improving the institution of exclusion of a legal entity from the Unified State Register of Legal Entities are formulated.

LAND LAW IN THE COMMUNAL RIGHTS OF THE COMMUNITY

Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minister of Agrarian Affairs / Spatial Planning and Head of BPN Number 10 of 2016, and in particular the provisions of Article 16 paragraph 1 h jo Section 53 of the BAL, In case of land rights disputes granted to legal subjects with communal rights of customary law community then the law must be enforced in its settlement to be resolved through the Court (litigation) of the institution having the authority to resolve the dispute and settlement of a non litigation dispute or alternative disputes resolution. Alternative dispute resolution in the form of win-win solusen that can provide mutual benefit.

Dynamics of Public Information Disclosure Implementation within the Aceh Government

Post-armed conflict and tsunami disasters, the Government of Aceh seek to implement public services and development programs transparent and accountable. One of the strategic steps taken is its implementation based on the mandate of the public information disclosure Act (KIP Law) and Aceh Qanun (Aceh Regional Regulation) Number 7 of 2019 on KIP Management. Even though it already has KIP rules, there are still some problems in its implementation, such as compliance with SKPA in providing public information and the number of disputes over public information. This study aims to identify and analyze the dynamics of the implementation of public information within the Aceh Government and the challenges of public management. This study uses a qualitative method through observation, document review, and interviews. The basis of data analysis uses Information Commission Regulation Number 1 of 2010 and Aceh Governor Regulation Number 57 of 2018. The results are (1) SKPA has work plans, programs, and activities for the management of public information; (2) there is a budget allocation for Information and Documentation Implementation Officers (PPID); (3) It has a list of public information and SOPs. The findings of this study also find logistical consequences for the future of Aceh's development through the KIP perspective. Information that is open, accessible, and inexpensive can nurture public trust in the Aceh Government and in itself will increase community participation in development. Trust is the principal social capital in the development of community welfare

The Effectiveness of Administrative Efforts in Reducing State Administration Disputes

Regulating administrative efforts as the mandatory procedure is expected to be able to filter and reduce the number of disputes that must be tried by the State Administrative Court. However, the position of administrative efforts is only interpreted as a formality. This study aims to analiyz the position of administrative efforts in the settlement of state administration disputes and to find out how effective the administration efforts in reducing the number of state administration disputes in the State Administrative Courts in East Java. The results indicated that administrative efforts were the embodiment of the state law of Pancasila, but the effectiveness of administrative efforts in East Java was still very low or ineffective in reducing the number of state administrative disputes in the State Administrative Court.

Right to remix: ideas and original forms of musical works

The modern stage of development of creativity is characterized by an increase in the manufacturability of this type of activity. The art of making popular music fits into this trend, highlighting its advantages and disadvantages most vividly. The peculiarity of popular music production is the repetition of standard expressive means, which have proven to be attractive. The copying of popular fragments and spectacular musical techniques became widespread, resulting in the formation of sound remix culture. Against this background, the number of disputes over the boundaries of legal borrowing of musical material has increased in the courts both in Russia and abroad. In the media sphere, examples of unlawful appropriation of fragments from popular songs that violate the rights of their composers, performers, and producers of phonograms are discussed. To resolve such disputes, specialized procedures have been developed, the results of which are criticized. This article discusses various approaches to the legal qualification of copying musical material. The phenomenon of the formation of musical standards, repetitive elements, techniques, and clichés, which are proposed to be classified as unguarded musical ideas at the doctrinal level, is investigated. The methods used to establish copyright infringement, to identify the facts of unlawful appropriation of musical material, and significant similarity of works are analyzed. Our attention is drawn to the test of the unique quality of a musical work and its justification from the point of view of the principles of copyright. To make decisions on music copying cases, we propose to use data on the quantitative ratio of protected and unprotected material in the compared works, as well as on the sources of borrowing that can be obtained using computer music recognition tools

ПЕРЕВАГИ ТА НЕДОЛІКИ СМАРТ-КОНТРАКТІВ У ЗОБОВ’ЯЗАЛЬНОМУ ПРАВІ

The article analyzes the positive and negative aspects of the use of smart contracts in various business areas, which respectively give it an advantage or disadvantage compared to traditional civil law contracts. It has been determined that due to the automatic execution of the transaction, as soon as the agreed conditions are fulfilled, smart contracts allow eliminating or minimizing a number of transaction costs that accompany traditional contracts. When using a smart contract, the possibility of improper execution by one of the parties is practically eliminated, since it cannot be violated. It is the difficulty of modifying or terminating smart contracts that is an advantage over other contractual structures. The complexity of changing and terminating smart contracts is a guarantee of their stability and the immutability of the contractual terms that were originally agreed by the parties. But at the same time, smart contracts, eliminating some of the problems of traditional contracts, create new ones when using them. The article also notes that smart contracts are distinguished by both vulnerability in computer code and insufficiently effective legal regulation. The problem of oracles when using smart contracts is considered, which consists in the need to trust the information received from them. It is concluded that due to the vulnerability of a smart contract, like any modern digital technology, the existence of a written original of the contract, subsequently expressed in a smart contract, will make it much easier for the parties to use both judicial and extrajudicial methods to protect their rights. It has been noted that due to the growing use of smart contracts in civil circulation, the number of disputes arising in connection with this, considered both in state courts and in non-state bodies (arbitration courts), will also increase.

Wykładnia pojęcia „dobrej wiary” w orzecznictwie w kontekście dokonywanych w okresie PRL naruszeń prawa własności

The article aims to asses the jurisprudence of the first decades of the 21st century regarding the good faith of stateowned enterprises that began, without a legal title, to use private land in the communist period, placing on them the infrastructure used to transmit electric energy. Courts interpreting general clauses referring to concepts and systems of values lying outside the legal system gain the ability to influence the decision of the case based on their own moral judgments. Therefore, the case where Polish courts operating in a state that respects the principle of equal property protection regardless if the entitled entity had the opportunity to assess the conduct of entities representing the state operating on the basis of a completely different system of values, should be considered particularly interesting. It is typical for totalitarian and authoritarian regimes to formally grant broad protection to individual rights and, at the same time ignore their existence in the activities of the state. It can be seen in the practice of carrying out some infrastructure investments in the communist period. Electricity networks were often built on private land. At that time, there were regulations allowing to obtain a legal title to use the land, both in private law (contract) and of an administrative (expropriation) nature. The state and state-owned enterprises, however, mostly did not use them, focusing on planning investments to obtain permits related to technical issues. The reasons for this behavior can be seen primarily in the basic assumptions of the socialist system. The described practice testified to the real attitude of the state to private property as a type of property that was ultimately to be ousted in the socialist system. The role of economic plans in the Polish People’s Republic was also significant. State bodies and state-owned enterprises primarily aimed at executing plans, regardless of whether or not they violated the individual’s interests in this way. After 1989, the legal status of many power grids, overhead lines, and other devices was therefore not regulated. State-owned enterprises, and the companies resulting from their transformation, used many properties without a legal title. Changes in the legal awareness of society and the grow-ing understanding of economic mechanisms based on the principles of responsibility for one’s own actions and protection of subjective rights, led to many court disputes between owners and entrepreneurs. The most common claims addressed to transmission companies were remunerations for the use of land without legal title and actio negatoria. The case law reacted to the increase in the number of disputes by creating a concept of usucaption of land easement for the benefit of the transmission entrepreneur. Its legitimacy from the beginning raised fundamental doubts in the legal doctrine, but it gained the full support of the courts. Many statements of the Supreme Court assessed the correctness of the state-owned enterprises’ conduct. The relatively numerous statements approving the omission of obtaining a legal title to seize someone else’s real estate in the investment preparation process ought to be considered inter-esting and surprising. They significantly influenced the practice of common courts, causing many claims of property owners against entrepreneurs to be dismissed. Moreover, by expressly praising unlawful interference with the right to property, carried out during the Polish Peopleʼs Republic, they probably also deepened the sense of harm and injustice — caused mainly by a surprising in-terpretation that allowed for the acquisition by prescription of a right unknown to the Act — and above all the belief that courts treated trade participants unequally and that courts granted significant privileging to the state and entities representing its interests.