Szczególne obowiązki umowne nabywcy nieruchomości z Zasobu Własności Rolnej Skarbu Państwa
Journal Title: Studia Iuridica - Year 2018, Vol 78, Issue
Abstract
The Act on Management of Agricultural Property Stock of the State Treasury contains a regulation on contractual obligations imposed on the purchaser of an agricultural property acquired from the Agricultural Property Stock of the State Treasury. These obligations are not imposed on the purchaser by operation of law, however, there is a requirement that they have to be included, in certain cases of acquisition detailed in the provisions of the Act, in the content of the real estate sales agreement. The sales agreement has to stipulate that the purchaser is prohibited from selling the real estate for a period of 15 years from its acquisition; the purchaser is obliged to conduct agricultural activity on the purchased property; and that during this period, the purchaser may not encumber the property with any mortgage. Any violation of the aforementioned stipulations shall result in the purchaser’s obligation to pay an amount equal to 40% of the property’s sale price. In addition, the legislator has introduced the obligation to pay this amount in the event that the purchaser makes any false statement or representation as to the origin of the funds allocated to the purchase of the real estate. The provisions relating to the issues raised in the article cause a number of interpretative doubts as to their correct understanding. In particular, this applies to the legal nature of the obligation to pay an amount equal to 40% of the price of the purchased real estate property.<br/><br/>
Authors and Affiliations
Rafał Michałowski
Keywords
Related Articles
- EP ID EP599619
- DOI 10.5604/01.3001.0013.2286
- Views 94
- Downloads 0
Program of the Conference “Legal Education and Legal Profession in the Global World – Polish-American Perspectives”
-<br/><br/>
The Legal Status of the Energy Regulator in Ukraine in the Context of Recent Legislative Changes and European Integration
The energy sector is a strategic industry of each state. Energy industry is one of the most important regulated fields at the EU level and a crucial direction of cooperation between the EU and Ukraine. EU legislation, pr...
Glosa do postanowienia Sądu Najwyższego z dnia 30 września 2015 r., I KZP 9/15
Author approves in the commentary to the judgment the position taken by the Supreme Court of Poland in the decision of 30 September 2015, I KZP 9/15. The Supreme Court considered the problem of composition of the Distric...
Philosophical Roots of Punishment in Modern Criminal Law and Its Practical Limits (with Special Regard to Foreign Cultures and Terrorism)
The article deals with three main ideas. (1) The philosophical roots of punishment in modern criminal law are the same in countries that very much differ among each other as far as the level of severity of their systems...
Panel II. Foreign Legal Systems: to Teach or not to Teach?
-<br/><br/>