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Date
1985
Authors
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Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
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Agricultural Ownership
Abstract
A wide interpretation of ownership the one encompassing property, is of particular
importance to agricultural law. This stems from the fact that the basic organisational
unit in agricultural production is found in the farm, which, precisely,
includes a specific property. It is not enough to speak, in this case, of only the individual
components of that property — they are important only when seen as an element
of an organised whole — the farm. In that capacity, they are subject to
a specific legal regulation.
Since the abridgement of the Constitution in 1983, the hitherto accepted content
of "'socialistic changes" discussed in art. 15 point 1, has assumed a different meaning.
The present objective of "socialisation" is interpreted in a totally different
manner than before. The postulate of socialisation pertains to all forms of property,
and its object is an optimal meeting of social requirements and the realisation
of human rights.. The new formula of art. 131 C.C. can be seen as an authentic
expression of the Constitutional norm and its logical complement.
Agricultural ownership performs two specific functions — a productive and
a social and political one. They overlap with the traditional function, which oworship
has always performed. The actual situation of the owner is defined by numerous
laws and regulations outside the C.C. That situation can no longer be treated as an owner's right limited only by public considerations. Agricultural
ownership is by nature a complex of rights and duties.
In the realm of agricultural ownership protection, the object of protection and
the range (intensity) of protection, are of particular significance. There is a difference,
though, between the protection of farm ownership as a whole, and that of
the individual components of the farm. What is most difficult is the problem of
protecting farm ownership in terms of its attribute of the right to utilize a thing.
The fewest problems, in turn, are created by the protection of a different attribute
of ownership — the possession right.
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 47, 1985, z. 4, s. 1-15
Seria
ISBN
ISSN
0035-9629