Zagadnienie kształtowania cen w obrocie inter vivos nieruchomościami rolnymi – studium prawno-porównawcze
The question of price regulation in the inter-vivos disposal of agricultural properties: comparative legal study

Summary/Abstract: The article presents the principal rules of agricultural properties’ price regulation as implemented in Poland, in the comparative legal aspect. The fair price formation is a very important issue, because agricultural prop- erties are not only considered scarce resources, but also a primary source ofthe food supply. Considerating the above facts, properties with an agricultural purpose should be acquired by subjects who hold proper qualifications for their effective, agricultural utilisation, i.e, primarily by farmers. Indeed, they should be the ones to acquire agricultural properties (that are for sale) in the first place. On the other hand, the acquisition of agricultural properties by non-farmers can lead to those properties being removed from agricultural production, which is highly disadvantageous (mainly from the point of view of maintaining proper agricultural systems). This type of acquisition is also con- sidered unfavourable as it since could enable speculators operations. However, the maintenance and further development of farms, as well as new agricul- tural holdings established by young farmers, could only be made possible by adjusting the market value of agricultural properties, to the profitability, that can be achieved by food production and supply. This fact highlights the strong need tolerate agricultural properties’ prices to their profitability. Initiating such a process won’t be possible without the interference of the state, implementing legal instruments to suppress speculation, limiting access to the market of ag- ricultural properties to certain subjects and directly regulating the peak prices of agricultural properties. The study introduces three principal models used in Western European legal systems. Moreover, the legal regulations for price con- trol implemented by states such as Switzerland, Germany, Austria, France and England have been subject to analysis. Polish regulations in the respective field.

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