Civil Code as a Legal Basis for Defining the Term. An Agricultural Holding

Abstract

The aim of the publication is to assess the current legal solution within the scope of placing the notion of an agricultural holding as a basic conceptual category of the agricultural law in the Civil Code. This problem is directly connected with the postulate of coherence of the whole system of private law when it comes to the most important structural elements or just the understanding of basic notions. The statutory regulation of trade in agricultural real estate and agricultural holdings should be a code regulation, and the location of the definition of an agricultural holding in the Civil Code should be conducive to strengthening ownership. In the dilemma whether to keep in the Civil Code the regulation of trade in agricultural land (including its conceptual network with an agricultural holding at the forefront) or to transfer it to a special act (or perhaps even to the Agricultural Code), it is impossible to point to a just and possible solution. On the basis of arguments of teleological nature, especially from the scope of legislative policy, one should definitely opt for keeping the regulation of trade in agricultural land in the Civil Code.