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Ius Novum
|
2010
|
issue 3
110-131
EN
The work is aimed at introducing the political background, as well as legal solutions, regulated at the level of standard legislation (within the scope of civil and agricultural law) and referring to testamentary inheritance of farms. Due to the universality of a holographic (personally hand-written) will in the rural areas, the author presents just this form of testament giving numerous examples of court decisions regarding the definition of an agricultural farm as well as the rules of inheriting it. The article also discusses the evolution of legal solutions connected with the abolition of some formal and legal conditions for the inheritance of agricultural farms. The work finishes with conclusions containing a suggestion that a German farm inheritance model is the one that would probably have an effective impact on the improvement of the Polish agrarian structure. But it would be connected with the necessity to introduce significant legislative changes in the area of farm inheritance and this seems to be impossible at present.
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