Przeciwdziałanie nadmiernej koncentracji nieruchomości rolnych przy sprzedaży gruntów z Zasobu Własności Rolnej Skarbu Państwa

Abstract

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.