Prawo pierwokupu jako ograniczenie swobody umów w obrocie nieruchomościami rolnymi

Abstract

Pre-emption regulated by Act on the Shaping of Agrarian System on April 11, 2003 is one of the most important factors limiting freedom of the contract in agrarian law. The agreement between pre-emptor and the person who is obliged to propose for the pre-emptor to exercise pre-emptor’s right cannot terminate pre-emption before the sale agreement ids concluded. It results from imperative character of the provisions regulating the pre-emption right. Pre-emptor who has exercised his right and submitted a claim for determination a price doesn’t have to pay it before verdict of the court in this respect is final. It is not allowed to reduce the price under the provisions of the Civil Code regarding the pre-emption right. Therefore it is regulated by separate act i.e. Act on the Shaping the Agrarian System.