Działalność rolnicza w przepisach prawa publicznego i prywatnego
Agricultural Activity in Provisions of Public and Private Law
Languages of publication
The concept of agricultural activity is of particular importance for agricultural law. It should be the basic concept of this branch of law, and according to some representatives of the doctrine of agricultural law, it is the concept of agricultural activity which formed the basis of its separation. The aim of this paper is to define the legal nature of farming and determine whether the agricultural activities can be classified as public law or private law. The subject of the discussion of this paper is therefore to define characteristics of agricultural activity, in particular in terms of objective, and to distinguish the business from the generation of a different nature, and other economic activities awarded on the basis of the Act of 2 April 2007 on the freedom of economic activity. This will answer the question whether the agricultural activity is a category of economic activity, in particular on the basis of the provisions of the act, but also other laws, including tax laws. Due to the complex and heterogeneous nature of the concept of agricultural activities, considerations will be transferred to the rules of substantive private law. The analysis will focus on the uniform treatment by these provisions of entrepreneurs and farmers engaged in agricultural activities.
Publication order reference