Od kontraktu rolnego do kontraktualizacji programowanej

Abstract

The 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.