Pojęcie nieruchomości rolnej w kodeksie cywilnym i przepisach szczególnych

Abstract

The legal structure of agricultural property has been the subject of discussion in the doctrine of agricultural law and the matter of numerous court decisions. This issue, however, still raises a lot of controversies. The problem occurs in the Civil Code regulation itself (art. 461 of the Civil Code), in which the concepts of agricultural real estate and agricultural land were wrongly identified. It should be clearly indicated that only agricultural property is a category of ownership, while this attribute does not refer to the notion of agricultural land. It should also be noted that there is no criterion of area in the Code definition of agricultural real estate. From such a perspective, it is difficult to reconcile the possibility of conducting manufacturing activity in agriculture with the use of any agricultural property regardless of its area. Besides, the weakness of the spatial planning system makes the determination of the nature of property, in particular when it loses its agricultural character, a very complicated process. Despite the mentioned shortcomings of the legal regulation, the Code definition of agricultural property should be universal and common. However, modifications of this definition introduced in specific provisions make use of multiple regulations dysfunctional.