Polskie prawo obrotu gruntami na tle standardów europejskich i postanowień wiążących Polskę umów międzynarodowych (raport końcowy)
Polish land law against the background of European standards and provisions of international agreements binding on Poland (final report)

Summary/Abstract: The State Treasury may not establish perpetual usufruct rights on agricultural land.Some doubts, due to the legislator’s silence in the Act on the Management of Agricultural Property of the State Treasury, may arise as to whether state-owned agricultural land may constitute the object of limited rights in rem (e.g. usufruct). The affirmative answer is prompted by the general rules of civil law.It follows from the wording of Article 222 (now Article 295) of the TEC that normative solutions concerning property, including land transactions, are left to the laws of the Member States. The standard analysed is undoubtedly one of the clearest examples of the Communities applying the principle of achieving its stated objectives with the least possible interference in the internal legal systems of individual states.It follows from Article 44(6) of the Europe Agreement that Community entities will not be entitled to acquire ownership of agricultural and forestry land on the same basis as Polish entities. This means that existing restrictions in Polish law regarding the acquisition of agricultural and forestry land by foreigners will be able to continue to apply in full.

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