Amended records 14 April 2016 Act on the formation of the agricultural system which entered into force 30 April 2016, require that the purchaser of the land by 10 He personally ran a farm on it. Nor can he sell it or lease it (Article 2b Act). The court may exempt from this only in special, random cases. However, these restrictions do not include land bidders in enforcement cases which were initiated before the new regulations entered into force, the Supreme Court ruled.
The amendment of the law on the formation of the agricultural system was challenged to the Constitutional Court by the Ombudsman, who received numerous complaints from citizens. The main charge concerns the violation of constitutionally guaranteed rights of property owners
The amendment of the law on the formation of the agricultural system was challenged to the Constitutional Court by the Ombudsman, who received numerous complaints from citizens. The main charge concerns the violation of constitutionally guaranteed rights of property owners. Property issues are constantly subject to court decisions.
The Constitution of the Republic of Poland contains the provisions on property protection, but these are general statements and opening the gate of changes in the style mentioned at the outset of the amendment. Article 64.
The Constitution of the Republic of Poland "Property right" states that "ownership may only be limited by law and only in so far as it does not infringe the essence of property rights".
The legislature has benefited from such a general provision, significantly limiting the right to property, but at the same time has created a law which is contrary to the right to property, which states that: “within the limits laid down in the laws and principles of social coexistence, the owner may, except for other persons, benefit from things according to the socio-economic purpose of his law, in particular, he may collect benefits and other income from things.
Within the same limits, it can regulate things.” (Article 140. Journal of Laws of 2018, item 0.1025 i.e. - Act dated 23 April 1964 - Civil Code).
Following the amendment of the provisions which state that from the provisions Article 2b Act on the formation of the agricultural system, can only release the court in special, random cases, notaries refused farmers permission to hand over land purchased in part after 30 April 2016 They requested permission from the court in such cases.
District court to which he appealed to the notary’s decision one from landowners, addressed a legal question to the Supreme Court, and this one in the resolution taken 7 September 2018 (reference no.
II CZP 32/18), he ruled that ‘to the person for whom the ownership of the agricultural property was alleged, in the course of judicial execution of the immovable property commenced before the day 30 April 2016, no restrictions resulting from Article 2b(1) Act dated 11 April 2003 on the development of the agricultural system.’ This position is supported by the RPO, which stated that ‘the protection of trading participants against the change in law which follows in the conduct of processes spread over time, in particular leading to acquisition of ownership, is the subject of guarantees expressed under Article 2 The Constitution of the Republic of Poland, the principles of trust of the citizen in the state and the law they create and the principles of respect for acquired rights".
Author:
Katarzyna Kołbuś - Editor leading RB Magazine. From Over 10 years related to industry press, including the Financial Gazette and portal ipip.com.pl, which is devoted to finance, taxation, law, politics and the economy. She graduated from Polish philology at the UMCS and the language editing of the text at the University of Warsaw.