The Right of Pre-emption of Agricultural Property and the Right of Pre-emption of Agricultural Farm Cover Image

Prawo pierwokupu nieruchomości rolnej a prawo pierwokupu gospodarstwa rolnego
The Right of Pre-emption of Agricultural Property and the Right of Pre-emption of Agricultural Farm

Author(s): Zygmunt Truszkiewicz
Subject(s): Law, Constitution, Jurisprudence, Agriculture
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: agricultural property; agricultural farm; the right of pre-emption;

Summary/Abstract: The application of the right of pre-emption in case of sale of agricultural farm is much more complicated than the application of the above-mentioned right in case of agricultural property. The sale of agricultural farm is complicated since the subject of sale is not one property right (as it does not exist) but many rights of access to tangible or intangible assets which form or may form the agricultural farm, however, only negotiable ones. In fact, the disposal of the whole agricultural farm is permitted only in case of universal succession, which is not always the case. However, in case of sale of agricultural farm, the right holder can exercise the right of pre-emption of sold agricultural farm and, thus, the whole negotiable assets covered by the sale contract

  • Issue Year: 26/2017
  • Issue No: 1
  • Page Range: 55-76
  • Page Count: 22
  • Language: Polish