Pozycja prawna osób prawnych w obrocie nieruchomościami rolnymi w Polsce w kontekście definicji rolnika zawodowego (indywidualnego) na tle regulacji w wybranych krajach zachodnioeuropejskich
The legal position of legal persons in the agricultural properties trading in Poland in the context of the adopted legal definition of “professional farmer”, against the background of regulations in selected western-European countries

Summary/Abstract: As a consequence of introducing the amendment to the Act of the structuring of the agrarian system from 2016, the Polish Legislator has adopted a regulation, stating that the purchasers of agricultural properties should primarily be “individual farmers” (clearly understood as natural persons). The regulation as implemented results in a substantial impairment for legal persons as potential purchasers of agricultural properties.In the study, the Polish legal definition of an “individual farmer” and “professional farmer”, and those that have been assumed in selected Western European legal systems (German, Austrian and Swiss) are subjected to analysis. The scope of the work is to provide an answer to the question of whether it is possible to recognize legal persons as “individual farmers” in the Polish reality, and if that could be considered righteous from the point of view of agricultural laws, as well as from the point of view of the “professional farmers” themselves. The study also considers what the possible terms and conditions are under which that could be done.

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