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Nowa funkcja Biuletynu Informacji Publicznej wynikająca z ustawy o kształtowaniu ustroju rolnego

100%
Komarowska M.
Studia Iuridica Agraria
|
2016
|
vol. 14
163-173
EN
Public Information Bulletin is a data communication network, a tool created in order to provide an unlimited access to public information. As a result of the amendment of the Act on Shaping of Agricultural System of 11 April 2003 the Public Information Bulletin acquired a new function. Due to the amended regulations, statements issued by the Agricultural Property Agency as an execution of the preemption or acquisition right of an agricultural real estate or shares of companies owning an agricultural real estate, shall be published in the Public Information Bulletin by the Agricultural Property Agency. Those statements can be deemed as a public information, hence their disclosure is justified, nonetheless the result of this publication is also of civil law nature. It is deemed that in the moment of the publication of aforementioned statement, the recipient has acquainted himself with its content, which results in execution of the pre-emption or acquisition right. Such mechanism results in many practical problems. By a virtue of above regulations, Public Information Bulletin, a tool of public law used to provide public information, has a new function, it is used as a medium of legal consequences in civil law.
2

Powstanie, modyfikacja i ustanie stosunku dożywocia w świetle ograniczeń wynikających z ustawy o kształtowaniu ustroju rolnego

86%
Bieranowski A.
Rejent
|
2022
|
issue 8 (376)
11-31
EN
This article analyzes the impact of the regulation of the Act on the Formation of the Agricultural System in all phases of the contract of annuity cycle, starting from its birth, through changes, to expiration. The study assumes that the exercise of the right to acquire under Article 4 of this Act does not expire the relationship of the contract of annuity or the right to demand the conversion of the right to annuity into a pension. In addition, the result of the literal interpretation, which implies the requirement for the vendor (annuitant) to have the status of an individual farmer in the event of termination of the contract of annuity by the court, was questioned. The contested interpretative variant leads to grossly unfair and unconsidered results that do not take into account the specificity of the contract of annuity, requiring a decisive breakthrough in the mode of systemic and functional interpretation.
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