Zgoda dyrektora generalnego KOWR na nabycie nieruchomości rolnej – wybrane problemy prawne
Consent of the general director of the state centre for the support of agriculture for the acquisition of agricultural property. Selected legal issues

Summary/Abstract: The aim of this study was to assess the evolution of restrictions on the trading in agricultural real estate, taking into account the specific nature of contracts that lead to the transfer of agricultural real estate, and the public law nature of interference exercised by a public authority in the trading in agricultural real estate. A particular manifestation of such interference is the requirement of a consent of the General Director of the State Centre for the Support of Agriculture prior to the acquisition of agricultural real estate by an entity that does not meet the statutory prerequisites. The consent takes the form of an administrative decision and precedes the conclusion of agreements resulting in the transfer of ownership of agricultural real estate. The study has determined that there is an ongoing increase of the state interference in the trading in agricultural real estate being implemented with the use of public law means. The mandatory consent of the General Director of the State Centre for the Support of Agriculture constitutes a sovereign interference in the sphere of property rights.

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