The New Regulation of Relations under Agricultural Law in the Civil Code

The Polish law on agriculture can be classed among those branches of law which are still raising objections on some of their provisions. This situation creates a stimuli for making transformations of the regulation. Recent amendments of the Civil Code are the first steps toward reform. The Act of 26 March, 1982 (The Legal Gazette — Dz. U. 11 sec. 81) has modified the two branches of civil law: property law and law of inheretance. In some parts the previous changes are continuing the legislational policy, but in some other they present new solutions. In no doubt the change of sec. 131 of the civil code (hereinafter called the c.c.) is most substantial, it is realizing the postulate of consolidation of the individual agrarian property. The wording of the provision though, especially when confronted with sec. 129 of the c.c. is questionable. Notions used by the legislator are still not precise i.e. the complete (sec. 131 of the c.c.) and the particular (sec.129 of the c.c.) protection. Sec. 160 of the c.c. has clearly specified the prerequisites which have to be satisfied, according to the code, by the vendee of a country (agricultural) estate: it can be any person excercising a farmer profession (in a broad meaning of the term) or having theoretical qualifications. Therefore certain subjects are no more discriminated, eg. employers of the state agricultural enterprises. The new regulation (sec. 161) has also put an end to the stereotype understanding of the question of size of an individual farm. That question was normalized in a long awaited way, which can answer to the reality and needs of the present day. The maximum size of the individual farm can reach 100 ha of general area. The rules of dividing farms in consequence of transfer of agricultural estate property rights (sec. 163). Changes in the regulation of dissolution of co- ownership are not substantial and they are corresponding to the modifications of sec. 160. The extension of circle of heirs is a novelty in the regulation of farm succession, that circle is presently equal to the circle of statutory heirs inheriting on general principles. The sequence of succession is determined now by sec. 931 et al. of the c.c., the main condition being qualifications necessary for the acquisition of a property right, as well as majority and permanent inability to work. In case of testamentary succession of farms the amendments returned the rules of "normal" taking of bona vacantia. In the instance of a sole succession of persons permanently incapable of work, the farm is inherited by all successors on the basis of the general order of inheritance. There are slight modifications carried out in testamentary succession of farms (sec. 1065 of the c.c.) and in the distribution of an inheritance. In principle, both are a consequence of property law provisions which were adopted earlier and of sec. 1059 of the c.c. The regulation of succession — as opposed to the 1971 amendments of the c.c. — are not retroactive and they are valid from the day of enactment of the law, i.e. 6 April, 1982.Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/201