Sytuacja prawna cudzoziemca-spadkobiercy nabywającego nieruchomość rolną położoną w Polsce w drodze sukcesji mortis causa
Legal situation of a foreigner who acquires an agricultural property in Poland by way of mortis causa succession

Author(s): Monika Łata
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: agricultural system; agricultural real estate; acquisition of real estate; limitations; foreigner; succession;agricultural law;
Summary/Abstract: Legal situation of a foreigner that acquires an agricultural property in Poland by way of succession is not simple. It is governed by provisions of March 24, 1920 on the acquisition of real estate by foreigners as well as the act of April 11, 2003 on formation of the agricultural system. The article provides a critical analysis of provisions of the above-mentioned acts as well as attempts to answer the question on the purport of amendments made, constituting a regress in relation to the provisions applicable before 1996. Considerations reveal a negative impact of the analyzed acts on the legal situation of a foreigner-successor acquiring an agricultural property located in Poland. It is difficult to find justification for the sense of implemented regulations, particularly in relation to the right of succession. It shall be another evidence of doubts, which are raised by a casuistic method of regulation, which requires a multidimensional interpretation.

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