Przedsiębiorstwo rolne we włoskim systemie prawnym (I)

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.