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Renaissance of the ownership of agricultural real estate
Journal Title: AGRICOLTURA ISTITUZIONI MERCATI  
Author/s: Teresa Kurowska 
Year:  2013 Issue: 1-2 Language: English 
Pages:  18 Pg. 47-64 FullText PDF:  104 KB
DOI:  10.3280/AIM2013-001004
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Discussion on the crisis or the decline of agricultural property is as exaggerated as the discussion on weakening of its foundations, in particular the function of the ownership both under the civil law and the agricultural law. This statement is already contradicted by the ongoing stronger discussion concerning agricultural property and its new function - the ecological one. Its source can be found in the new formula regarding support of agriculture and rural development based on the principle of sustainable rural development. The concept of the ownership of agricultural property proposed by Professor A. Stelmachowski constitutes a supplement to the acquis in the field of civil law. It is understood as the complex of rights and obligations establishing a legal position of an owner of a farm. It means that an owner has against the others not only the rights but the obligations, as well. They reflect fully in a sphere of the right to use a property, where the production function of the ownership discloses the most. The increase of importance of environmental protection resulted in accelerated development of legislation concerning that matter, what allows to adopt a thesis that the ecological function of the ownership of agricultural property becomes dominant towards the production function. The examples are provided by the regulations of EU/EC concerning the activities set forth in the Rural Development Programmes (Rdp for the years 2000-2006; 2007-2013; 2014-2020). They impose on a farmer conducting the agricultural activity the obligations to protect the environment in compliance with the practice of good agricultural practices. Their substantive scope has been step by step extended and generally directed to the increase of competitiveness including agri-environmental and climate objectives.
Keywords: Agricultural Property, Ecological Function, Environmental Protection in rural areas, Development of Rural Areas.

Teresa Kurowska, in "AGRICOLTURA ISTITUZIONI MERCATI " 1-2/2013, pp. 47-64, DOI:10.3280/AIM2013-001004

   

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