Verification of the term “agricultural property” in the light of the amended provisions of the Agricultural System Structuring Act of 11 April 2003
Journal Title: Annuals of the Administration and Law - Year 2017, Vol 1, Issue 0
Abstract
The Agricultural System Structuring Act of 11 April 2003 which was amended as of 30 April 2016 implemented a special regime concerning trading in agricultural properties. The provisions are constructed on multiple levels, which means that in order to apply the special rules of trading, you first need to determine whether or not a given property is an agricultural property within the meaning of the said Act and whether the event concerning the property is subject to the special regime. The process of defining whether or not a property is an agricultural property within the meaning of the Agricultural System Structuring Act also takes place in several stages. It is because the definition of the agricultural property refers to the Civil Code, and it is then narrowed by making a reference to the spatial development plan. This implies that the process of applying the Act is arduous and may lead to difficulties in practice, thus destabilizing the certainty of the transactions.<br/><br/>
Authors and Affiliations
Katarzyna Czerwińska-Koral
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