Przegląd Prawa Rolnego, 2015 Nr 1 (16)

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Gospodarstwa rodzinne w systemie obrotu nieruchomościami rolnymi w Polsce
(Wydawnictwo Naukowe UAM, 2015) Gajewska, Elżbieta; Iwaszkiewicz, Piotr
The article presents a family farm as a key legal institution when it comes to the trad-ing in agricultural property in Poland. An analysis of the regulations of the law of 11 April 2003 on the shaping of the agricultural regime shows that the normative construction of a family farm lacks coherence and does not serve implementation of the goals identified in the act. What is more, the construction of the concept and the elements that form the subjectivity of a family farm (an individual farmer) and its objectivity (and in particular the minimal area size of 1 ha) fail to provide a guarantee that focus will be put on farms with the most effective form of management, which ensure and maintain a source of fair income for a family of farmers. The same will also be true of the property from the Agricultural Property Resources of the State Treasury.