Charakter prawny oraz konsekwencje naruszenia pierwszeństwa w nabyciu nieruchomości Zasobu Własności Rolnej Skarbu Państwa

Abstract

Nature and consequences of violation of priority in acquisition of property have not been clearly defined by legislator and cause many problems in application. There is a discrepancy in opinions of legal doctrine and in the jurisdiction regarding the said issue. Author stated that the person who accepted the selling price and other conditions set out in notification sent by Agricultural Property Agency, has a right to submit a claim to the court for compulsory conclusion of the property sale agreement. In case of violation of priority, Agricultural Property Agency is liable for causing damage. However, there are no justified reasons to agree that violation of priority causes invalidation of the property sale agreement.