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RESEARCH PRODUCT

L’espropriazione nella Repubblica Popolare di Polonia negli anni 1944–1956. Analisi storica e dottrinale

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The Manifesto of the Polish Committee of National Liberation (an organization created by the Soviet Union) of 22 July 1944 initiated on the territory of Poland radical changes in the political and social-economic organization of the country. The self-appointed communist authorities, at the beginning of the new system’s development, as one of the key challenges recognized the necessity for transformation of the ownership structure of Poland in accordance with the doctrine they propagate. The first decrees already expressed a disregard for the achievements of Western civilization in the area of protection of acquired rights, including in the context of individual property rights. In the forcefully imposed system solutions, the new authorities not only rejected the idea of the inviolability of personal rights, but at the same time blatantly undermined the normative continuity with the Polish state from before World War II, which guaranteed fundamental human rights. The process of expropriation (frequently involving human casualties) of citizens and other residents of Poland, carried out by the communists quickly and effectively, proved that a situation based solely on violence determines the validity and content of a specific legal order. The events of the first decade of the People’s Republic of Poland have proved, on the example of the basic right of ownership, that human and civil rights can be treated as relative and dependent only on the arbitrary willpower of the state authority.