The concept of an agricultural holding in a sales contract Cover Image

Pojęcie gospodarstwa rolnego w umowie sprzedaży
The concept of an agricultural holding in a sales contract

Author(s): Elżbieta Klat-Górska
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: contract; sale; notion; enterprise; farmstead

Summary/Abstract: Both, the concept of components and the concept of appurtenances are too narrow a view to determine the place of individual components within an organised economic unit such as an agricultural holding in the light of the provision of Article 553 of the Civil Code. If it were possible to construct such a whole with the help of these concepts, if they were sufficient to describe the relationship between the individual components of this economic unit, then the inclusion of a definition of a farm would be unnecessary.Adopting the thesis that an agricultural holding is a type of enterprise implies that, inter alia, the provisions of Article 751 of the Civil Code and Article 552 of the Civil Code would have to be applied mutatis mutandis to the situation of the sale of that holding.

  • Issue Year: 2000
  • Issue No: 3-4
  • Page Range: 91-107
  • Page Count: 17
  • Language: Polish
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