Przedsiębiorstwo rolne we włoskim systemie prawnym (I)
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Date
2007
Authors
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Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe UAM
Title alternative
AGRICULTURAL ENTERPRISE IN THE ITALIAN LEGAL SYSTEM
Abstract
The 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.
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Citation
Przegląd Prawa Rolnego, 2007 Nr 2, s. 178-202.
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ISBN
978-83-232181-7-3
ISSN
1897-7626