Nowy kształt przetargu pisemnego przy sprzedaży nieruchomości z Zasobu Własności Rolnej Skarbu Państwa

Abstract

The manner, in which a written tender has been regulated in the Act of 19 October 1991 on Management of the Treasury Agricultural Property, shows many specific features. Similar to other tender procedures provided for in other legal acts, in particular in the Civil Code, it is a multilateral and qualifying procedure. However, unlike other tender procedures, price of the land is not the subject of competition of the participants. Moreover, no provision of the future agreement of sale is defined in the course of the tender. This makes it a unique solution, to which the tender provisions contained in the Civil Code may be applied only by analogy. It seems that this applies to regulations of the Civil Code related to the claim to conclude a contract of sale, the annulment of the contract concluded by invitation to tender and the effects of lodging the security to the extent not regulated by the Act on Management of the Treasury Agricultural Property.