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Kształtowanie struktury agrarnej w Polsce – kilka refleksji na tle ustawy z 14 kwietnia 2016 r. o wstrzymaniu sprzedaży nieruchomości Zasobu Własności Rolnej Skarbu Państwa oraz o zmianie niektórych ustaw

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Jurcewicz A., Popardowski P.
Studia Prawnicze
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2016
|
issue 4 (208)
69-85
EN
Shaping the Agrarian System is one of the basic topics of the Polish Agricultural Law. The main problem here is to define a proper model of ownership relations in the agricultural sector and principles of the real estate trading. These issues are relevant for both economic and political relations. In economy the influence the real capability of the agrcultural sector as well as the standard of living of the agricultural society. In the politics they are treated as the instruments assuring the food security for all the citizens and in the international relations food sovereignity. The article presents, against the historical background, the solutions provided in the recently adopted law, the main purpose of which was to restrict the possibility of acquiring the agricultural real estate by foreigners. The new law provides a ban for the transfer of state owned agricultural real estate not only to foreigners but also to Polish citizens who are not farmers. It also provides certain other restrictions in this area.
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Własność w ujęciu prawa polskiego i prawa UE

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Jurcewicz A., Popardowski P.
Studia Iuridica Agraria
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2011
|
vol. 9
130-154
EN
In the article, the Authors attempt to systematically formulate “property”, from the point of view of both – Polish and EU legislation. They highlight various understandings of property and point out, how complicated the evolution of this law aspect has been. The point of reference in the conducted analysis is the assumption that property is one of the most important elements of the legal order. It is also perceived as a pillar of social and economic system. At the same time, property, and more precisely – its juridical concept assumed by a legislator as a factor shaping not only the content of property right but also determining its allowable forms, constitutes a fundamental instrument used by a country to influence its social and economic reality. As a reference to the Polish law, the Authors presented understandings of property that result from the constitution and civil law and pointed out fundamental differences between them. They highlighted also the fact that the constitutional concept of property is normatively superior to the other concept, what is reflected by the fact that property, formulated in the Constitution as an elementary right, determines the requirements concerning statutory understanding of property. According to the principles of EU legislation, property is also perceived as an elementary right, but, as in the Polish law, it does not constitute an absolute (unlimited) right. It is though indicated that public interest in the broad sense of the term may constitute a legal prerequisite for interference in owner’s entitlements.
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Przemiany własności w rolnictwie – kontekst systemowy z perspektywy prawa krajowego i unijnego

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Jurcewicz A., Popardowski P.
Studia Prawnicze
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2014
|
issue 1 (197)
29-72
EN
In the article, the Authors attempt to systematically formulate “property”, from the point of view of both – Polish and EU legislation. They highlight various understandings of property and point out, how complicated the evolution of this law aspect has been. The point of reference in the conducted analysis is the assumption that property is one of the most important elements of the legal order. It is also perceived as a pillar of social and economic system. At the same time, property, and more precisely – its juridical concept assumed by a legislator as a factor shaping not only the content of property right but also determining its allowable forms, constitutes a fundamental instrument used by a country to influence its social and economic reality. As a reference to the Polish law, the Authors presented understandings of property that result from the constitution and civil law and pointed out fundamental differences between them. They highlighted also the fact that the constitutional concept of property is normatively superior to the other concept, what is reflected by the fact that property, formulated in the Constitution as an elementary right, determines the requirements concerning statutory under-standing of property. According to the principles of EU legislation, property is also perceived as an elementary right, but, as in the Polish law, it does not constitute an absolute (unlimited) right. It is though indicated that public interest in the broad sense of the term may constitute a legal prerequisite for interference in owner’s entitlements.
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