Browsing by Author "Szymecka, Agnieszka"
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Item Gospodarstwo rolne w prawie włoskim - zagadnienia wybrane(Wydawnictwo Naukowe UAM, 2009) Szymecka, AgnieszkaThe aim of the paper is to present to the Polish reader the Italian regulations on the legal category of agricultural holding. These regulations might constitute a point of reference for deliberations upon the Polish solutions in this field, particularly with regard to work carried out on the new Polish civil code. The author analyzes the legal nature of the agricultural production workshop, i.e. its legal qualification as fundus instructus (principal object with belongings) and as an agricultural holding. The author touches upon the issues of lease and transfer of agricultural holding, the latter in a broader perception. While concluding the paper the author compares the agricultural holding in Italian law with its concept defined under art. 553 of the Polish civil code. The author also points at different legal nature of agricultural production units in both legal systems and at varied qualification criteria as agricultural holdings together with different rules on transfer. On this basis the question is raised with regard to the purpose of agricultural holding separation and to the way the agricultural holding is defined in the Polish civil code. The author gives suggestions on how to solve the matter.Item Przedsiębiorstwo rolne we włoskim systemie prawnym (I)(Wydawnictwo Naukowe UAM, 2007) Szymecka, AgnieszkaThe purpose o f the paper is to offer a closer view on the Italian agricultural enterprise to the Polish reader. This attempt is well justified because contrary to Polish law, which does not even distinguish an agricultural enterprise as a separate category, the Italian regulation in the above aspect presents the highest level o f development, has a long tradition and it is built up with deepened theoretical thoughts. The deliberations are proceeded by an analysis o f the conditions and principles of agricultural activity as a business activity (an enterprise) arising from articles 2082 and 2135 o f the Italian civil code as well as from various doctrinaire stances on this issue. Furthermore, the reasons and results o f the distinguished agricultural enterprise category are discussed, i.e. factors which determine a particular weakness of the agricultural activity and a special privileged legal status o f such an enterprise that makes it so distinct from other sectors o f the economy. The main deliberations are focused on the so-called primary agricultural activities of an agricultural enterprise which, according to article 2135 o f the Italian civil code, are soil cultivation, forestry and animal husbandry. Within that scope, a thorough analysis is being provided of the qualification criterion o f such activities and their character. In the conclusion, the adequacy o f the Italian solutions to the new conditions in agriculture as well as their compliance with Community law are pointed out.Item Przedsiębiorstwo rolne we włoskim systemie prawnym (II)(Wydawnictwo Naukowe UAM, 2008) Szymecka, AgnieszkaAn agricultural enterprise as a legal category is regulated in Italian law by the provisions of Art. 2135 of the civil code o f 1942. That article provides for a definition of an agricultural entrepreneur. Pursuant to those provisions, an agricultural enterprise is any form of land cultivation, forestry, animal breeding and related activity conducted in an organised and professional manner. While the first three activities are of agricultural character by nature and as such they justify the special status o f an agricultural enterprise, the latter include commercial or industrial activities which the Italian legislator decided, for different reasons, to treat as agricultural due to their nature. The paper aims to analyse different aspects of related activities in order to identify the above categories, their qualifying criteria and types of such activity in order to subsequently divide them into activities with an impact on agricultural produce exercised with a view of its better positioning in the market, and activities focused of the provision of certain goods and services. The evolution of different solutions and their development is also discussed. The paper ends with an overall assessment of an agricultural enterprise as such and on that basis certain conclusions and postulates addressed to the Polish legislator are offered.Item Ubezpieczenia gospodarcze jako instrument zarządzania ryzykiem w rolnictwie. Doświadczenia wybranych państw Unii Europejskiej(Wydawnictwo Naukowe UAM, 2008) Szymecka, AgnieszkaIn the face of a growing agricultural production risk and related price increase, risk management in agriculture is becoming increasingly important. Higher price risk is a result of continuing reforms of the Common Agricultural Policy and the weakening of the existing risk management mechanisms. Increased agricultural production risk is caused by escalating occurrences of adverse weather conditions resulting from climatic changes, which consequently bring about frequent and growing losses in the process of agricultural production. Hence such an importance of risk management today. The paper focuses on the system of agricultural produce insurance, which is one of the key risk management mechanisms. Both, advantages and pitfalls of developing insurance markets have been presented. Solutions functioning in Spain and Italy have been analysed and on that basis the current situation in Poland was assessed and described. The weaknesses of the Polish system were depicted and some desired changes postulated.Item Wielofunkcyjne przedsiębiorstwo rolne w prawie włoskim(Wydawnictwo Naukowe UAM, 2007) Szymecka, AgnieszkaThe paper focuses on the analysis of the harmonisation process of Italian agricultural law, and in particular on the adjustment of the notion 'agrieultural enterprise' to the model of a multifunctional agriculture aided and promoted under Community agricultural law. These deliberations are proceeded by a presentation of reasons and conditions under which this model was formed within the Common Agricultural Policy. Legal solutions which the Community developed to diversify agricultural activities to provide for the multifunctional model o f agriculture, have been also presented. Regarding Italian law, various legal solutions supporting the harmonisation of agricultural enterprises to multifunctional activities have been shown. In particular, the amendment to the definition of an agricultural entrepreneur has been analysed. The amendment to that definition, implemented by virtue o f a legislative act o f 2001, is now set out in article 2315 o f the Italian civil code, with the result that a category of multifunctional agricultural enterprise has become part of the binding legal system. General characteristics of an agricultural enterprise are also given. The paper ends with a confrontation of the solutions implemented at the national level, with the most recent directions of the CAP. The similarities and differences between the two have been listed and discussed, and some proposals for further amendments have been made.