Browsing by Author "Perzyna, Andrzej"
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Item Pierwszeństwo w nabyciu nieruchomości z Zasobu Własności Rolnej Skarbu Państwa(Wydawnictwo Naukowe UAM, 2015) Perzyna, AndrzejThe aim of the article is to present the pre-emptive right in the acquisition of land from the agricultural resources owned by the State Treasury in light of the amendments introduced by the Act of 5 August 2015 on the Shaping of the Agricultural Regime. The amendments deprive former owners of agricultural and their heirs of the right of first re-fusal. A prohibition to sell or establish a mortgage on purchased land is also introduced. Another novelty is a prohibition to engage in agricultural activity conducted in person on the purchased land. The new Act obliges the seller to invite tenders in a limited invitation to buy if the land in question belongs to the Resources of the State Treasury and where a transaction has been completed in breach of the provisions of this Act, it must be de-clared invalid. The concluding statement is that the amendments being introduced by the said Act have a considerable impact not only on the exercise of the pre-emptive right, but the fundamental rules of trading in state agricultural land as well.Item Porozumienia branżowe w rolnictwie w prawie francuskim i włoskim (zagadnienia wybrane)(Wydawnictwo Naukowe UAM, 2007) Perzyna, AndrzejBranch agreements are widely discussed in the foreign literature, particularly in France and Italy. Polish researches have not, as yet, given that subject a serious attention, hence a certain gap in the Polish doctrine exists, which is even more pronounced in the situation today, where branch agreements play a significant role in the organisation of agricultural markets. Shedding some light on the subject in question to the Polish Reader seems therefore useful and justified. The paper covers the key issues related to a branch agreement, and in particular it focuses on its definition, its subject and contents as well as its functions and objectives. The paper concludes with a statement that branch agreements in agriculture constitute a specific legal institution and cannot be classified using the existing system of legal relations. At the same time, the specific features o f that institution require that more focus and attention is given to those agreements, especially when it comes to the deliberations concerning modernisation of Polish agriculture. What may become o f use here is experience gained from the existing branch agreement in the sugar market.