Miejsce i rola działalności rolniczej w prawie rolnym

Abstract

The author attempts to answer the essential question concerning the position and the role of a concept covering the “agricultural activities” in the agricultural law. The author’s brief comments precede the main thread of considerations regarding the position of the “agricultural activities” in the Polish legal system and just against this background she seeks an answer the question about the position and the role of the “agricultural activities” in that system. She already in the introduction assumes that the “core” of the agricultural law shall be covered by the private law, while the core of the agricultural law is agricultural activities, which are economic activities of specific type. She, referring to the doctrine and applicable jurisdiction within the scope of private law and public law, proves that similarly as in the private economic law (commercial law) the “economic activity” forms a link between concepts of the “enterprise” and the “ entrepreneur”, while in the agricultural law the “economic activities” forms a link between the concepts: the “agricultural holding (farm)/agricultural enterprise” and the “farmer/agricultural producer”. The concept of agricultural activities cannot be dealt with separately from these two specified concepts, as agricultural activities constitute the creative factor/link; the agricultural holding is established to enable the farmer/agricultural producer within its framework and with its use to undertake a particular type of economic activity to satisfy specific needs. The agricultural activities fulfils two basic functions: production and organisational, and the choice of agricultural holding components is provided in the light of the intended or performed activity, what means that the selection of relevant subjects and rights shall enable to carry on the selected agricultural activity. Moreover, this type of activity also subjects to the rules of public economic law, which in market economy systems becomes more useable to protect economic operators than merely to legitimatise economic governance of the State.