New rules of legal transactions on agricultural immovable

Abstract

The paper is devoted to introducing the new rules widely regulated by Act of 11 April 2003 on formation of agriculture structure (u.t. O.J.2012.803), which was amended by systemic changes introduced by Act of 14 April 2016 on amendments other acts, which entered into life on 30th April 2016. The reform is based on remarkable limitation of ownership rights to agricultural immovable and extension of power of Agency of Agricultural Estate in the sphere of its’ right to acquire ownership of agricultural immovable. The legislator’s aim was to strengthen legal position of polish agricultural immovable and to protect against its’ mass purchase by national and foreign entities. The paper presents estimation of amendments’ influence on basic rules of conduct of legal transactions on agricultural immovable, e.g. interpreting new legal definitions like „related person”, also doubts about adjusting this regulation to the Polish Constitution. Moreover, new procedure of acquiring agricultural immovable by individual farmers and participation of Agency of Agricultural Estate were analyzed. Thereafter, this was a background for signalizing potential practical problems, judicial execution of agricultural immovable among them.