Nowa regulacja stosunków prawnorolnych w kodeksie cywilnym
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Date
1982
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Wydział Prawa i Administracji UAM
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The New Regulation of Relations under Agricultural Law in the Civil Code
Abstract
The Polish law on agriculture can be classed among those branches of law
which are still raising objections on some of their provisions. This situation
creates a stimuli for making transformations of the regulation. Recent amendments
of the Civil Code are the first steps toward reform. The Act of 26 March, 1982
(The Legal Gazette — Dz. U. 11 sec. 81) has modified the two branches of civil
law: property law and law of inheretance. In some parts the previous changes
are continuing the legislational policy, but in some other they present new
solutions.
In no doubt the change of sec. 131 of the civil code (hereinafter called the
c.c.) is most substantial, it is realizing the postulate of consolidation of the
individual agrarian property. The wording of the provision though, especially when
confronted with sec. 129 of the c.c. is questionable. Notions used by the
legislator are still not precise i.e. the complete (sec. 131 of the c.c.) and the particular
(sec.129 of the c.c.) protection. Sec. 160 of the c.c. has clearly specified the
prerequisites which have to be satisfied, according to the code, by the vendee of
a country (agricultural) estate: it can be any person excercising a farmer profession
(in a broad meaning of the term) or having theoretical qualifications. Therefore
certain subjects are no more discriminated, eg. employers of the state agricultural
enterprises.
The new regulation (sec. 161) has also put an end to the stereotype understanding
of the question of size of an individual farm. That question was normalized in a long awaited way, which can answer to the reality and needs of the
present day. The maximum size of the individual farm can reach 100 ha of
general area. The rules of dividing farms in consequence of transfer of agricultural
estate property rights (sec. 163).
Changes in the regulation of dissolution of co- ownership are not substantial
and they are corresponding to the modifications of sec. 160. The extension
of circle of heirs is a novelty in the regulation of farm succession, that circle
is presently equal to the circle of statutory heirs inheriting on general principles.
The sequence of succession is determined now by sec. 931 et al. of the c.c., the
main condition being qualifications necessary for the acquisition of a property
right, as well as majority and permanent inability to work. In case of testamentary
succession of farms the amendments returned the rules of "normal"
taking of bona vacantia. In the instance of a sole succession of persons permanently
incapable of work, the farm is inherited by all successors on the basis
of the general order of inheritance. There are slight modifications carried out in
testamentary succession of farms (sec. 1065 of the c.c.) and in the distribution of
an inheritance. In principle, both are a consequence of property law provisions
which were adopted earlier and of sec. 1059 of the c.c. The regulation of succession
— as opposed to the 1971 amendments of the c.c. — are not retroactive and they
are valid from the day of enactment of the law, i.e. 6 April, 1982.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 4, s. 53-66
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ISBN
ISSN
0035-9629