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Prawna ochrona gruntów rolnych i leśnych w procesie lokalizacji infrastruktury technicznej

100%
Leśkiewicz K.
Studia Iuridica
|
2017
|
vol. 72
179-194
PL
The aim of the paper is to answer the question whether the legislator provides protection of agricultural and forest land in the process of localization of technical infrastructure. The technical infrastructure has not reached the universal legal definition, but in many different legal acts there is a reference to this notion. According to the final conclusions, the protection of agricultural and forest land includes the need for localization of technical infrastructure when the technical infrastructure is the part of the composition of the normative notion of agricultural and forest land regulated by the Act on the Protection of Agricultural and Forest Land and according to the Forest Act. Technical infrastructure are an integral part of these legal concepts, although their normative borders are different. For incomprehensible reasons, the legislature does not explicitly recognize land under power lines as agricultural land, but they fall within the scope of the legal concept of the forest. However, in practice, the administrative courts in the cases of certain investments of the technical infrastructure, especially power lines, consider these facilities as not infringing the nature of agricultural land or for forestry purposes.
2
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Prawne uwarunkowania zmiany lasu na użytek rolny

100%
Leśkiewicz K.
Studia Iuridica
|
2018
|
vol. 78
254-263
PL
The subject of the paper is the legal issue of changing the forest for agricultural use regulated in art. 13 para. 2 of the Forest Act. The aim of the paper is an attempt to determine what circumstances empower the authority to issue a decision on changing the forest for agricultural use, according to the Forestry Act, and whether the issue of the said decision requires taking into account the provisions of the Act on the protection of agricultural and forest land. The decision on changing the forest for agricultural use, which may be issued on the basis of art. 13 para. 2 of the Forest Act is an administrative act of an individual sui generis. The solution contained in art. 13 para. 2 of the Forest Act does not require changing the use of forest land in the way of the local zoning plan.
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Prawne aspekty kwalifikacji stosunku prawnego jako umowy kontraktacji w świetle orzecznictwa sądów powszechnych

63%
Leśkiewicz K., Lipińska I.
Studia Iuridica
|
2016
|
vol. 66
153-167
PL
The object of considerations is legal issue of qualification of legal relations as cultivation contract in accordance with article 613–622 of Civil Code. Cultivation contract has productive character. Its subject is closely related to the manufacturing process in agriculture, where at the same time it is important starting position in the chain of supply of agricultural products, although sometimes it is regarded by mistake as sale or delivery contract. Judicial decisions, analyzed in the article confirm the existence of several model features, which occurence in particular legal relationship makes it a part of cultivation contract. While lack of characteristic features for code model of contracting causes that the agreement is not recognized as cultivation contract in the meaning of article 613–626 of Civil Code. Features of cultivation contract highlighted in the judicial practice can be divided into features so called connected with subjective aspects – parties to the contract and features connected with object of the contract. Party to the contract may be agricultural producer, who produces agricultural products in his own farm in productive process, and provides it to contracting person, and of course contracting person (most often entrepreneur). The subject of performance is “facere” – production and delivery of fixed amount of agricultural products, produced in own farm.
4

Prawne aspekty kwalifikacji stosunku prawnego jako umowy kontraktacji w świetle orzecznictwa sądów powszechnych

63%
Leśkiewicz K., Lipińska I.
Studia Iuridica
|
2016
|
vol. 66
153-167
PL
The object of considerations is legal issue of qualification of legal relations as cultivation contract in accordance with article 613–622 of Civil Code. Cultivation contract has productive character. Its subject is closely related to the manufacturing process in agriculture, where at the same time it is important starting position in the chain of supply of agricultural products, although sometimes it is regarded by mistake as sale or delivery contract. Judicial decisions, analyzed in the article confirm the existence of several model features, which occurence in particular legal relationship makes it a part of cultivation contract. While lack of characteristic features for code model of contracting causes that the agreement is not recognized as cultivation contract in the meaning of article 613–626 of Civil Code. Features of cultivation contract highlighted in the judicial practice can be divided into features so called connected with subjective aspects – parties to the contract and features connected with object of the contract. Party to the contract may be agricultural producer, who produces agricultural products in his own farm in productive process, and provides it to contracting person, and of course contracting person (most often entrepreneur). The subject of performance is “facere” – production and delivery of fixed amount of agricultural products, produced in own farm.
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