Dziedziczenie gospodarstw rolnych a zmiany w ustawie o kształtowaniu ustroju rolnego dokonane w kwietniu 2016 r.

Abstract

The article discusses the impact of recent changes in the Act on Structuring of the Agrarian System (ustawa o kształtowaniu ustroju rolnego) on the rules governing inheritance of agricultural farms. The article presents the evolution of the Polish regulation with respect to the general mortis causa legal succession of farms, particularly in the process of political and economic changes that have taken place in Poland during the past 25 years. Much attention is paid to the constitutionality of legal intervention in the common order of inheritance of agricultural holdings. In particular the article discusses the ruling of the Constitutional Tribunal of 31 January 2001, which sits at the forefront of further development in the shaping of rules governing the inheritance of farms. Detailed analysis of the current regulation brought about by the recent changes to the Act on Structuring of the Agrarian System, leads to the conclusion that complex regulation on the inheritance of farms as a means of ensuring efficient protection of their economic integrity in the process of succession, remains open.