Obowiązek rolniczego wykorzystywania określonych gruntów rolnych w PRL
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Date
1983
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
A duty of agricultural utilization of specified cultivable lands in the Polish People's Republic
Abstract
The constitutional principle of a proper utilization of land as a national property
is reflected, among others, in a duty of agricultural utilization of farmlands
and land re-cultivated f'or agricultural purposes. Two structures of subjects can
be defined upon characterizing this regulation: the State — owners of agricultural
estates, and owners of these estates — all non-owners. The statutory duty of
agricultural utilization of farmlands and lands re-cultivated for agricultural purposes
is a part of the structure: the State — owners of agricultural estates.
According to the valid legal rules, this duty does not have to be substantiated
in a form of administrative decision but directly creates the obligation for owners
(possessors) to perform generally defined real actions on specified cultivable lands.
Fulfillment of this duty is a subject of control perfomed by a primary State's
administrative agency in a period of plants' vegetation. The statutory duty on
owners (possessors) of specified cultivable lands- of utilizing them in agricultural
way is related to the right of State administrative agencies to control its fulfillment.
Thus the duty becomes an element of potential relation under administrative
law of the basic character in the aspect of substantive law. Content of the duty
being an order of running effective vegetable production imposes itself in a way
on that part of allowed behavior of owners (possessors) which consists in taking
up vegetable production.
In case of observing any action contrary to the ordered activities State administrative
agencies are competent to levy measures of execution. In this way
a potential relation under law and execution can foe defined, it is one of the
types of a relation under administrative law.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 45, 1983, z. 2, s. 21-40