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Ograniczenia rozporządzania nieruchomością rolną nabytą na licytacji sądowej

100%
Dzienis P.
Rejent
|
2021
|
issue 1 (357)
35-52
EN
Restrictions on agricultural real estate are the subject of many statements as they affect the ownership triad. This time the subject of consideration is the intertemporal issue in the context of understanding the rule of intermittent law tempus regit actum. The commented resolution of the Supreme Court of September 7, 2018, III CZP 32/18 shows the enforcement aspect of agricultural legal issues. The author seeks to answer the question about the correct interpretation of the legislator’s silence. He asks basic questions about who the “buyer” is and what is “proceeding to acquire property”. The interpretation of these statutory phrases plays an important role in this study. Since the result of the linguistic interpretation is unsatisfactory, and yet the loopholes in the law are only apparent, a purposeful, systemic and authentic interpretation is used. The author conducts an in-depth analysis of the issue against the background of the real estate execution model. The conclusions derived from the analysis allow for the approval of commented resolution and recognition that the silence of the legislator is quite apparent. In addition to the evaluation, the impact of this decision on practice is shown.
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