O własności rolniczej w kontekście zmian w obrocie własnościowym prywatnymi gruntami rolnymi

Abstract

It is difficult to imagine socio-economic relations without property. Ownership can be understood differently: narrowly – as a right within the meaning of civil law and broadly – as in fact any right belonging to a person that together with other rights forms property of this person. Therefore, ownership is of interest to almost all branches of law, including constitutional law. As a consequence, ownership can be regarded as a single right, especially within the meaning of the Civil Code, or as institution that includes ownership rights and associated obligations. Nowadays, these obligations become more and more important because property is regarded as a social function and not only as an absolute right of the owner. The social perspective of ownership makes the property differentiated by its object. In this way various legal regimes of ownership are created, including agricultural property of great social significance. Agricultural property is a basic element of the agricultural system that is constitutionally based on a family farm. The state, shaping the agricultural system in the assumed way, regulates the agricultural system accordingly. This is done, among others, by the Act of 2003 on the shaping of the agricultural system that also defines a family farm. However, the Act, contrary to its title, regulates only the transfer of ownership of agricultural lands and farms. The provisions of the Act raise serious objections both in terms of assumptions and in terms of applied legal solutions. The source of these defective regulations, after the transformation of the political system at the turn of the 1980s and 1990s, is a fact that in Poland the model of the agricultural system has never been developed.