Zasady przetargowego trybu sprzedaży nieruchomości Zasobu Własności Rolnej Skarbu Państwa

Abstract

Tender is fundamental procedure leading to conclusion of the sale agreement of the properties belonging to the Agricultural Property Resources of the State Treasury in accordance with the Act on the Management of Agricultural Properties owned by the State Treasury. The author distinguishes several principles, which shall be applied to the above way of conclusion of the sale agreement. The general principle of the proper management reflects in all legal forms of disposition of agricultural properties owned by the State Treasury. Its violation doesn’t cause an invalidity of the sale contract. Appropriate principles, which shall be applied to the tender are as follows: principle of openess, principle of equal treatment and equal access to the tender, principle of fair competition, principle of uniformity and principle of equivalency. Unlike opinions in legal doctrine, the author states that the openess and uniformity are the separate principles. All principles indicate values on which the legal institution of the tender is founded. These principles are also the grounds to formulate the rules of interpretation, which are useful during the operation of decoding of the legal norms.