Ustawowe i umowne prawo pierwokupu przysługujące dzierżawcy nieruchomości rolnych – wybrane problemy prawne

2021 ◽  
pp. 375-394
Author(s):  
Aneta Suchoń
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Third Party ◽  
Agricultural System ◽  
Business Activity ◽  
Legal Regulations ◽  
Legal Problems ◽  
Agricultural Support ◽  
The Right ◽  
In The Beginning

The article aimed to determine whether the legal regulations in the field of the statutory and contractual pre-emption right of a tenant of agricultural real estate provide adequate protection to dependent owners in terms of the possibility of acquiring such land and conducting business activity on it. Secondly, the paper indicated legal problems related to statutory and contractual pre-emption right of a tenant of agricultural real estate and suggested how those problems could be handled. In the beginning, the considerations focused on the statutory pre-emption right for agricultural real estate. It referred to a subjective and objective scope of the right in question, and an attempt was made to determine whether the leased land can be sold to a third party due to the obligation to run a farm in person (only the sale contract allows for exercising the pre-emptive right). Failure to perform the indicated obligations might result in the case being referred to the court by the National Center for Agricultural Support. The second part of the article discussed the contractual pre-emption right for agricultural real estate. The author pointed out the possible concurrence of the statutory pre-emption right of the National Support Centre for Agriculture and the contractual pre-emption right of the lessee. The paper also referred to the problems related to implementing this right due to the requirements that the buyer must meet. In summary, the author, among other things, pointed out the fact that the importance of the statutory pre-emption right of the tenant of agricultural real estate had been diminishing over the years. The position of the lessee of agricultural land in terms of purchasing agricultural land is weakening. Currently, in practice, tenants may rarely use the pre-emption right. The author proposed the introduction of a provision to the Act on Shaping the Agricultural System on an additional consent of the National Support Centre for Agriculture for the sale of real estate under a lease.

scholarly journals CONSENT OF THE NATIONAL CENTER OF AGRICULTURAL SUPPORT FOR THE PURCHASE OF AGRICULTURAL PROPERTY AS A NEW INSTRUMENT FOR REAL ESTATE TURNOVER

2019 ◽  
Vol XXI (1) ◽  
pp. 14-21
Author(s):  
Michał Brożyna ◽  
Justyna Pijanowska
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Legal Reform ◽  
Legal Aspects ◽  
Land Market ◽  
Agricultural System ◽  
New Instrument ◽  
Actual Use ◽  
Agricultural Support ◽  
The Republic

In 2016 the rules concerning the agricultural land market in Poland changed. This legal reform was aimed at closing access for EU foreigners to the Polish agricultural land market. Prior to these new regulations being introduced, it was speculated whether these changes would lead to the agricultural land market “freezing up”, as the relevant jurisdiction and responsibilities, formerly granted to the Agricultural Property Agency, were taken over by the National Center of Agricultural Support (KOWR). The analysis was conducted on the basis of subject literature and data was obtained from KOWR. The investigated problems included formal and legal aspects of issuing consents by KOWR for the acquisition of agricultural land located in the Republic of Poland, as well as actual use of the above mentioned instrument by KOWR’s branch unit in Cracow. The regulation, aimed at closing access for EU foreigners to Polish agricultural land, was constructed in such a way that access to agricultural land was either impeded or made impossible not only for foreign entities but also certain Polish citizens. In accordance with Art. 2a par.4 of the Act on shaping the agricultural system (UKUR), consent of KOWR is required in the case of agricultural land purchase by entities other than those mentioned in Art 2a par. 3 of UKUR. According to the data obtained from KOWR and presented in the paper, it is evident that this instrument is being practically applied in the Malopolska Province.

scholarly journals Formy zagospodarowania mienia Zasobu Własności Rolnej Skarbu Państwa po zmianie przepisów z 2016 roku

2018 ◽  
pp. 13-30
Author(s):  
Aneta Suchoń
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
The State ◽  
Legal Regulations ◽  
Property Development ◽  
Agricultural Support ◽  
The Impact

The aim of the author of the article was to determine the impact of the amendments to the legal regulations, especially those introduced by the Act of 14 April 2016 on suspending the sale of real estate from the State Treasury Agricultural Property Stock, on the forms of property development. In particular, it is to determine which of these forms dominate and to indicate the legal conditions related to their functioning.  Among other things, it has been noted the sale of the property from the State Treasury Agricultural Property Stock has significantly decreased in comparison with the years 2009–2014, while the area of agricultural land being leased is growing. The amendments to the regulations have therefore strengthened the role of leasing in rural relations. Moreover, the National Agricultural Support Centre enjoys greater rights when selling agricultural property from the State Treasury Agricultural Property Stock, not only before but also after the contract of sale is finalised. The same is true when it comes to the exercise of the pre-emption right to acquire shares in companies owing agricultural property.

scholarly journals Selected legal problems of EEG biofeedback therapy under the Polish law

2018 ◽  
Vol 11 (1) ◽  
pp. 13-28
Author(s):  
Aleksandra Nowak-Gruca
Keyword(s):  
Adverse Effects ◽  
Eeg Biofeedback ◽  
Legal Regulations ◽  
Biofeedback Therapy ◽  
Legal Problems ◽  
Neuronal Signal ◽  
Polish Law ◽  
The Right ◽  
Training Protocol ◽  
Selection Of

The use of EEG biofeedback for therapeutic or healing purposes has its justification in modern research and recently one can notice the increasing popularity of this method. Possible threats which may be associated with improper training and EEG biofeedback therapy may result from error in the diagnosis or incorrect selection of the training protocol. The effectiveness of therapy depends largely on the efforts of the patient himself, however, the range of waves will be amplified or suppressed by diagnosticians and therapists. If during an EEG biofeedback, the correct neuronal signal is amplified or suppressed, this can have adverse effects. In Poland, there are no legal regulations regarding the acquisition of qualifications for conducting neurotherapy. Likewise, there are no indications as to which institutions have the right to assign appropriate powers to use this type of apparatus. The lack of legal regulations means that now everyone can practice neurotherapy. The article presents selected legal problems related to conducting EEG biofeedback therapy under law, especially under Polish regulations, including the problem of the responsibility of the therapist or trainer.

scholarly journals The possibility of qualifying foreclosure of the mortgaged real estate as secondary rights

2015 ◽  
Vol 2 (4) ◽  
pp. 175-180
Author(s):  
K V Bocharnikova
Keyword(s):  
Real Estate ◽  
Third Party ◽  
Unilateral Action ◽  
Legal Nature ◽  
Article Analysis ◽  
Basic Concepts ◽  
Points Of View ◽  
The Law ◽  
The Right

The question about a possibility of considering of a foreclosure of the mortgaged real estate as an entitlement to unilateral action is raised in the article. The complexity and diversity of the legal nature of the foreclosure of the mortgaged real estate is noted. The author of the article analysis the features of the entitlement to unilateral action existing in the law doctrine and gives researchers points of view and basic concepts of the entitlement to unilateral action. The author’s own position whereby the foreclosure of the mortgaged real estate can’t be considered as an entitlement to unilateral action is expressed and defended. The thesis about a possibility of violations of the right of the foreclosure of the mortgaged real estate by a third party is grounded.

Status prawny Krajowego Ośrodka Wsparcia Rolnictwa

2018 ◽  
Vol 72 ◽  
pp. 279-293
Author(s):  
Adam Niewiadomski
Keyword(s):  
Real Estate ◽  
Legal Analysis ◽  
Food Sector ◽  
Legal Problems ◽  
Agricultural Support

The article defines the basic organizational and legal problems which apply to the agricultural law because of establishing the National Center for Agricultural Support in 2017. This agency will be a major state-owned agricultural entity not only engaged in real estate but also in some agricultural or agri-food sector activities. The initial legal analysis of the adopted solutions as a part of the action of the KOWR i.e. National Center for Agricultural Support on the trust basis has been completed. The evolution of agricultural property has lasted for at least 27 years. The described problems are its subsequent stages.

THE PRIVILEGED STATUS OF FAMILY FARMS AS A SPECIAL FAMILY FORM IN CONDUCTING AGRICULTURAL ACTIVITY IN POLAND. ISSUES SELECTED IN THE FIELD OF ACQUIRING AGRICULTURAL LAND RIGHTS

2019 ◽  
Vol 20 (1) ◽  
pp. 159-170
Author(s):  
Katarzyna Czerwińska-Koral
Keyword(s):  
Agricultural Policy ◽  
Agricultural Land ◽  
Land Rights ◽  
Agricultural System ◽  
Agricultural Activity ◽  
Family Farm ◽  
Legal Regulations ◽  
Family Farms ◽  
Privileged Status ◽  
The Republic

According to art. 23 of the Constitution of the Republic of Poland, family farms form the basis of the agricultural system of the Republic of Poland. Family farms is a special type of farm run by an individual farmer. The legislator, realizing the assumptions of agricultural policy, concretes the constitutional norm by means of formal institutions, that is, regulations and legal regulations that prefer a family farm as a form of conducting agricultural activity. Thus, conducting business in this special form and - as a result - managing it is easier compared to other forms of activity. Particular facilities relate to the acquisition of agricultural land rights (possession of agricultural land). The purpose of this article is to draw attention to the preferences of the legislator in relation to family farms and individual farmers who run them.

scholarly journals Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

2016 ◽  
Vol 65 (1) ◽  
pp. 95-110 ◽  
Author(s):  
Anna Trembecka
Keyword(s):  
Transmission Lines ◽  
Legal Regulations ◽  
Real Property ◽  
Right Of Way ◽  
Legal Provisions ◽  
Legal Problems ◽  
Legal Forms ◽  
Transmission Right ◽  
The Right ◽  
The City

Abstract A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

scholarly journals Regulation of Protection of Agricultural Land and Limitation of Ownership Rights to Real Estate

2020 ◽  
Vol 29 (2) ◽  
pp. 127
Author(s):  
Rafał Michałowski
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Civil Law ◽  
The Real ◽  
The Real Estate ◽  
Positive Duties ◽  
Estate Property ◽  
The Right ◽  
Ownership Rights ◽  
Economic Use

<p>Regulations of the Act on Protection of Agricultural and Forest Land are treated as a limitation of the right of ownership of the real estate. Unlike civil law regulations, in this Act the legislator defines agricultural land as the subject of obligations specified in the Act, treating them in separation from the issue of ownership relationships. Unlike in civil law regulations, apart from the owner, a number of obligations associated with the protection of agricultural land is also imposed on other entities, which make economic use of the real estate property. According to the Act, the owner of real estate property has a number of obligations, such as prohibition to use land for non-agricultural purposes without having obtained a decision to designate the land for non-agricultural purposes and consent for exclusion of land from production. The owner also has other positive duties, such as the duty to prevent land degradation and devastation. These obligations, however, do not shape the subjective right of ownership, but are external to it, although they should be treated as a limitation to this right.</p>

scholarly journals Wybrane aspekty prawne obrotu zasobami ziemi rolniczej w Polsce po zmianie prawa w 2016 roku

2018 ◽  
pp. 43-53
Author(s):  
Justyna Pijanowska ◽  
Michał Brożyna
Keyword(s):  
European Union ◽  
Real Estate ◽  
Agricultural Land ◽  
Agricultural System ◽  
Agricultural Market ◽  
Application Of Law ◽  
Limited Access ◽  
Eu Member States ◽  
Market Participants ◽  
European Union Countries

On 30 April 2016 restrictions on the purchase of agricultural land by entities from European Union countries were to end. Therefore, the Act on shaping the agricultural system was changed. During the legislative work, it was pointed out that the legislator, wanting to protect native agricultural market participants (Polish individual farmers and agricultural entrepreneurs) against foreign entities interested in accessing Polish agricultural real estate, (we are talking here only about citizens and entrepreneurs from other EU Member States) de facto introduced regulations that limited access to this market also to Polish citizens or made it difficult. The aim of the study is to indicate these new regulations, the introduction of which caused or may cause difficulties in the practice of application of law consisting in the inability of the property to acquire agricultural real estate by interested entities that are Polish citizens

scholarly journals Some aspects of realization of the peasants land right

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Hafurova Olena ◽  
◽  
Marchenko Svitlana ◽  
Keyword(s):  
Legal Status ◽  
Agricultural Land ◽  
Sustainable Use ◽  
Land Rights ◽  
Agricultural Labor ◽  
Agricultural Producers ◽  
Agricultural Cooperative ◽  
Legal Problems ◽  
Land Circulation ◽  
The Right

The article examines the legal problems of peasants realization of constitutional land right, which is proclaimed at the international level. The land right is the right of peasants to access to the land plot with natural resources located on it, their sustainable use and management in order to achieve a sufficient standard of living, creating a place to live in security, peace, dignity and developing their culture. Based on the analysis of the legislation on land circulation and the legal status of agricultural producers, some legal problems in the field of realization of the peasants land rights have been identified. The analysis of national land and agricultural legislation showed that it does not considered enough the legal nature of agricultural cooperation, the peculiarities of agricultural labor and rural life. The directions of improvement of the agrarian and land legislation in the field of realization of the peasants land rights are offered. Keywords: access to land, agricultural land, peasants land rights, realization of the land rights, agricultural cooperative, producers of agricultural products, land circulation

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