Browsing by Author "Adornato, Francesco"
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Item Nowa rola kontraktu między licznymi modelami rolnictwa, wielością źródeł i rozwojem obszarów wiejskich(Wydawnictwo Naukowe UAM, 2007) Adornato, FrancescoThe purpose o f the paper is to determine the influence o f today’s economic, legal and social processes on agriculture and the way in which the latter is regulated. The author first looks at globalisation and onsiders its possible role in the crisis o f a nation state and the growing number o f decision-making centres. He then discusses the institutional effects of the 2003 CAP reform, such as another distribution o f emphasis at local, national and supranational level in agriculture management, or the solutions adopted in Regulation 1698/2005 on support o f rural development, and notices that different models of agriculture (plural agriculture) that have been emerging against that background. He argues that the increasing role o f local production systems, i.e. systems closely connected to the territory in which they operate, has consequently limited the role o f the Act in the regulation o f economic entities and increased the role o f contracts which have been gradually replacing the Act, both in the area o f civil and public law. Thus a contract has become to perform an administrative function. Finally, the Italian model o f such negotiable programming is presented. In that model legal relations in agriculture are regulated jointly by organs o f public administration and agricultural entrepreneurs on the equality principle basis. ILItem Od kontraktu rolnego do kontraktualizacji programowanej(Wydawnictwo Naukowe UAM, 2007) Adornato, FrancescoThe paper focuses on the phenomenon of programme contractualisation, i.e. the occurrence of an institution in the Italian legal-economic order, by virtue of which certain activities directed towards local development, as well as those aimed at the expansion of rural areas, are jointly decided upon and realised by public and private subjects. Both, the origins and the evolution of this phenomenon, have been presented. The legal solutions that have formed the grounds for the Community's programme contractualisation and its legitimisation have been analysed in more detail. In particular, the institution of setting -aside certain areas from the scope of arable land under cultivation has been researched. As it further transpires, and may be seen in the course of legal comparative studies, that institution is of a contract nature, and is concluded by and between organs of public administration and individual farmers. The relations between programme contractualisation and an agricultural contract have also been analysed. Numerous theories regarding the agricultural contract developed in the Italian doctrine have been presented, and their relations with the grounds of programme contractualisation discussed. The latter is seen as being rooted in the expansion and development of a given area. Finally, a possible impact of programme contractualisation on agricultural contracts is emphasised.