Przegląd Prawa Rolnego, 2008 Nr 2 (4)

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Uwagi w kwestii usytuowania przepisów o obrocie gruntami rolnymi w systemie prawa polskiego (na tle prawnoporównawczym)
(Wydawnictwo Naukowe UAM, 2008) Lichorowicz, Aleksander
In discussions on the new civil law code that is currently in the process of being drafted, certain doubts have emerged and triggered off a question whether the existing regulations of the sale of agricultural land should continue to be part of the civil law code, or be moved to specific statutes. This question is aimed to provoke a discussion on that issue and invite participation in it of lawyers specialising in agricultural law. The paper begins with a comparative study and identifies the place which regulations concerning the sale of agricultural land occupy in domestic laws o f other European states. Next, changes that have been taking place in that respect in Poland are presented, followed by a discussion on the possibility of placing those regulations either in the civil law code or specific acts. Both the positive and negative consequences of either of the solutions are examined. In conclusion, it is argued that there are more good reasons for leaving the regulations of agricultural land sale where they are, i.e. the civil law code. At the same time it is emphasised that each decision concerning that matter must entail amendments and modifications of the existing regulations, and the inter vivos and mortis causa should be treated iunctim.