Ewolucja szczególnej regulacji obrotu gruntami rolnymi w ustawodawstwie hiszpańskim

Abstract

Spanish agricultural legislation in the field of agricultural real estates circulation with passage of time has undergone great changes and modifications. The characteristic feature of the Spanish legal order are frequent and frenetic quests after an optimum agricultural real estates circulation model, which would perfectly correspond with Spanish social - economic conditions. All the most important changes in the hitherto existing conceptions are signed by the dates of coming into force of three legal acts of the principal importance, i.e. decree number 118/1973 of 12th of January 1973 on the agricultural reform and development, law number 49/1981 of 24th of December 1981 on the statute of family agricultural farm and the statute of young farmers and finally law number 19/1995 of 4th of July 1995 on modernization of agricultural farms. Each of the above-mentioned legal acts not only abandoned in the radical way the hitherto existing regulations but also referred to the contemporary tendencies in the field of agricultural real estates circulations, which dominated in the legislation of the other European countries and European Communities. The lack of originality and the broad use of adopted ideas are other typical features of the Spanish regulations. The aim of this article is to undertake an attempt to characterize the basic tendencies in the development of Spanish legislation in the field of agricultural real estates circulation in their historical aspect, as well as to show the principal influences that Spanish regulations underwent with passage of time. Executed studies allow further to formulate several conclusions on the interesting similarity of basic principles of Spanish and Polish regulations in the field of agricultural real estates circulation, as well as they permit to place some proposals on the possibility of utilization of concrete Spanish regulations in the Polish legal order. One should consider on the one hand the broader use of the institution of the right of preemption in the Polish agricultural legislation. On the other hand, it would be highly beneficial to interfere in the agricultural real estates circulation from the point of view of the protection of agricultural farms as well as to regulate the legal status of the coworkers in the conduct of agricultural farms especially by granting them certain privileges in the field of farm succession.