Characteristics of an agreement with a successor as an institution leading to the transfer of farm ownership right

Abstract

Agreement with a successor is an institution enabling the transfer of the right of ownership of a farm to a successor, that is a person younger at least 15 years than current owner (farmer). Despite the fact that in Polish legal system such an agreement has existed for about 30 years and has not been amended since that time, it still raises many practical problems. In this paper the author analyses legal regulation of an agreement with a successor which mainly are not disputed by the judiciary and the doctrine. He also cites a critical stance taken by academics towards the agreement. Additionally, the author indicates that an agreement with a successor and an agreement transferring the right of ownership of a farm, concluding for the purpose of its execution, are not often encountered in conduct of legal transactions.