Sądowy dział spadku jako nabycie nieruchomości rolnej – wybrane aspekty praktyczne

Abstract

Distribution of the estate by the court is a form of transferring the ownership of an agricultural property within the meaning of the Agricultural System Structuring Act of 11 April 2003. As a consequence, the court hearing the case on estate distribution is required to follow the regulations of said statute. First, the court must determine whether the case would be subject to special regulations, namely whether or not the agricultural property is a part of the estate. Next, aft er accounting for special regulations, the court must distribute the estate. However, the language of the statute is neither specific nor adjusted to the court proceedings, or to the specific nature of property trading by the court. Therefore, it seems necessary to amend the statute so as to clearly determine the nature of the agricultural property. Furthermore, it is necessary to adjust the provisions to the specific nature of the property transfer by the court.