Zasada prawidłowej gospodarki rolnej jako pozytywna przesłanka zniesienia współwłasności gospodarstwa rolnego
The principle of correct agricultural economy as a positive premise for the abolition of co-ownership of an agricultural holding

Author(s): Adrian Jaworski
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Farmstead; co-ownership; dissolution of co-ownership; correct agricultural economy
Summary/Abstract: The aim of the article is to present the content of the principle of proper agricultural management in the Polish legal order. This principle includes the abolition of joint co-ownership of an agricultural holding in court proceedings, therefore the content of the article discusses issues concerning the farm and agricultural land, as well as the co-ownership of property and asset.Th e content of the principle of proper agricultural management has been shaped to a large extent by the case law of the common courts and the Supreme Court. The article presents and discusses the changing jurisprudence line from the 1960s to the present. The principle of proper agricultural economy includes social content understood as the protection of the farmer’s and his family’s life as well as economic, which requires the separation of competitive farms on the domestic and foreign market.

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