Miejsce rodzinnego gospodarstwa rolnego w obrocie rolnym (zagadnienia wybrane)

Abstract

To the concept of a family farm, constituting under article 23 of the Constitution, the basis of the agricultural system, the legislator refers in a number of legal acts. Among these laws are those that are of particular importance for the structural transformation of agriculture, and also concern trading of agricultural land. In the essay it was attempted to determine the place of a family farm in this legal regulation. Analysis carried out in this field shows there is a lot of inconsistency in enacted in this area legal regulations. The legislator refers primarily to proprietary market, builds a model of agricultural holding mainly on property law, while in the Act on forming rural system indicates that the family farm is a farm run by, for example, the leaseholder. Family farm is treated rather instrumentally to agricultural trade, rather than as a value that should be subject to special protection.