http://hdl.handle.net/11320/1657 Mon, 01 Jun 2026 17:17:13 GMT 2026-06-01T17:17:13Z http://hdl.handle.net/11320/1734 Tytuł: Kilka uwag do założeń do projektu ustawy o zmianie ustawy o zagospodarowaniu wspólnot gruntowych Autorzy: Marciniuk, Konrad Abstrakt: Common lands constitute a carry over from the ownership transformations that occurred in Poland during the 19th century as feudalism drew to an end. Common lands constitute a form of joint ownership enjoyed by the residents of a given village. Typically, a villager’s share in the common land is based upon the size of the person’s farm. The majority of “Commons” were created during the 19th Century, however, in practice some Commons can be traced back more than 600 years. Today in Poland more than 5,100 Commons exist, covering an area of approximately 107,000 hectares. Of this number, the legal status of nearly 3,500 Commons is not clear, resulting in most of these properties being off the market. The management and administration of Commons is regulated by the Common Lands Act (“Act”) dating back to 1963. Today the Act is inadequate to properly address the current and future use of the Commons. The current mechanism used to determine a person’s right to use a particular common land, as well as his or her share in ownership, is inadequate and inefficient. In response to the growing difficulties in managing the Commons, the Polish government is currently working to amend the Act. Once enacted, the proposed amendments are intended to implement a new set of rules to determine the legal status of the Commons, as well as to determine legal title to such common lands. Under the proposed amendments, the legal status for each property regarded as common land will be determined on the basis of documentation, and in the event such documentation does not exist, on the basis of the factual state of such land during the previous five year period. Within first 6 months following amendment of the Act, interested parties will be able to submit applications to indicate which properties comprise the Commons, and the share of ownership afforded to specific individuals. If a particular Commons is not claimed by entitled parties, ownership of such property will be awarded to the local municipality or to the State Treasury. This article examines whether the proposed amendments will in fact resolve current questions and disputes regarding the legal status of Commons. Sun, 01 Jan 2012 00:00:00 GMT http://hdl.handle.net/11320/1734 2012-01-01T00:00:00Z http://hdl.handle.net/11320/1733 Tytuł: Restytucja nieruchomości rolnych pozostawionych poza granicami Polski po II wojnie światowej Autorzy: Szymańska, Małgorzata Abstrakt: The notion of Bug River property regards the property abandoned within the territory of the Republic of Poland within its pre–war borders which after the year 1945 were abandoned outside the present–day territory of the Republic of Poland. For objective reasons, and because of the lack of the concept providing the final solution, only in 2005 an act to ensure comprehensive regulation and procedure of awarding compensation for movable property abandoned outside the present–day borders of the territory of Poland was passed. In the Act of 2005 the Bug River People were granted a right to compensation for the property left beyond the Polish borders. The entitlement to have the value of property abandoned outside the present–day Polish borders offset is affirmed by the voivodship offices competent with regard to the place of residence of the applicant – the property’s owner and in case of inheritors – with regard to the last place of residence of the property’s owner. The voivod’s decision confirming the right to compensation determines persons eligible for this right, the value of abandoned property, the amount of compensation and the form of its implementation. The right to compensation may also be implemented through allowing the value of property left by Polish nationals beyond the Bug River to be offset against the price to be paid for State–owned land. Sun, 01 Jan 2012 00:00:00 GMT http://hdl.handle.net/11320/1733 2012-01-01T00:00:00Z http://hdl.handle.net/11320/1732 Tytuł: Oddziaływanie Wspólnej Polityki Rolnej na ochronę środowiska Autorzy: Jankowski, Bogdan Abstrakt: Agricultural activity to produce in high quality needs clean environment, but itselves a cause of intensive production, makes a big damage in environment. CAP gives to member states financial support to achieve sustainable agriculture. In Poland effectiveness of implementation of this activities depends on two factors: level of financial resource allocation, and level of cross – compliance requirements. Different conditions of using this factors in practice gives us possibility to implement effective instruments like environmental agriculture, and passive instruments like payment for degressive areas of agriculture. To achieve better results of spending CAP money for environment programs should be done resource allocation to farmers who can fill higher environment preservation requirements. Sun, 01 Jan 2012 00:00:00 GMT http://hdl.handle.net/11320/1732 2012-01-01T00:00:00Z http://hdl.handle.net/11320/1725 Tytuł: Przeciwdziałanie nadmiernej koncentracji nieruchomości rolnych przy sprzedaży gruntów z Zasobu Własności Rolnej Skarbu Państwa Autorzy: Michałowski, Rafał Abstrakt: The main purpose of this paper is to analize few selected aspects of the article 28a of the Act on management of the agricultural properties owned by the State Treasury. It is one of the legal instruments aimed at prevention against excessive concentration of agricultural properties. Important issue is to verify opinions formulated in the legal doctrine regarding to legal sanctions associated with above mentioned regulation. Author states, that violation of that legal norm causes nullity of sale contract. There are no justified reasons to assume another concept formulated in legal doctrine. Particulary, the author disagrees that it is norm without a sanction. Paper deals also with the problem of the definition of family farm in the legal regulation of tender procedure conducted by Agricultural Property Agency. Family farm is defined in the act on formation of agrarian system and it is not necessary to create different definition exclusively for tender procedure regulation. Sun, 01 Jan 2012 00:00:00 GMT http://hdl.handle.net/11320/1725 2012-01-01T00:00:00Z