Kwoty mleczne jako przedmiot obrotu – wybrane zagadnienia

Abstract

Quotas for the production of milk are a permanent element of the Common Agricultural Policy. Their legal character and the possibility of their acquisition are the subject of this article. On the one hand, the quotas are to be considered from the administrative law point of view– they are the result of an administrative decision and their distribution is regulated by the code of administrative procedure. On the other hand, the legislator allowed the possibility of the civil law turnover. In Poland the legislator allows permanent and temporary alienation of individual quotes. In the case of permanent alienation, regulations pertaining to the contract of sale are applied; in the case of turning them over for somebody else’s use – those concerning the contract of lease. Taking the above into account, one may observe that quotas for production of milk are of dual nature. In the relations: farmer – the Agricultural Market Agency, there is no doubt they are regulated by administrative law. Yet, in the case of appearing in the turnover they are the qualifications of a certain material worth, which requires the application of civil law.