Advanced Search
MyIDEAS: Login to save this article or follow this journal

Il diritto di acquisto statale di fondi rustici in Polonia e profili di diritto comunitario

Contents:

Author Info

  • Pawel Blajer
Registered author(s):

    Abstract

    The Right of Statal Acquisition of Real Estates in Poland and the European Integration (by Pawel Blajer) - ABSTRACT: Apart from right of preemption of real estates, the law of 11th april 2003 concedes to the Real Estates Agency another important privilege which in Polish literature is commonly known as the right of acquisition of real estates. The regulation of this institution must be considered to be particularly complicated. However, the main aim of introduction of this notion to the Polish legal system was to strengthen the statal control over the trade of real estates in Poland. The right of preemption, which was a subject of lecture of prof. A. Lichorowicz, refers only to the sale contracts. The right of acquisition, on the other hand, gives the Agency possibility to interfere in all other types of contracts on condition that they cause transfer of property of real estates. Consistently, Agency is authorised to exercise right of acquisition not only in cases of such typical contracts as: donation, exchange or annuity, but also all other contracts which result in transfer of property but do not constitute a sale contract (liquidation of joint ownership, transfer of property as a result of legacy). After long discussion in Polish doctrine, the opinion has become general that such contracts should have unconditional character. The number of exceptions from right of acquisition is strictly limited. However, an exception of the greatest practical significance allows to transfer property of real estate without any restrictions resulting from right of acquisition if a purcheser belongs to the group of persons related to a vendor. The above-mentined form of right of acquisition may call in question its conformability with EC Treaty, especially with previsions concerning free movement of capital (understood as unlimited investments in the real estates over the whole territory of EU). ‘Grounds of public policy or public security’ (art. 58 EEC Treaty) can hardly justify such a severe statal intervention in the free trade of real estates. Moreover, right of acquisition seems to be incompatible with a prohibition on discrimination of EU citizens and a proportionality principle two other fundamental principles of EC law resulting from numerous sentences of European Court of Justice (e.g. Konle v Austria, In re Albore or Doris Salzmann). Finally, one may contest compatibility of this institution with Polish constitution. Taking all these factors into account, it would be highly reasonable to consider the elimination of this institution from the Polish legal system.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=32223&Tipo=ArticoloPDF
    Download Restriction: Single articles can be downloaded buying download credits, for info: http://www.francoangeli.it/riviste/inglese_download_credit.asp

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Bibliographic Info

    Article provided by FrancoAngeli Editore in its journal AGRICOLTURA ISTITUZIONI MERCATI.

    Volume (Year): 2007/2 (2007)
    Issue (Month): 2 ()
    Pages: 81-93

    as in new window
    Handle: RePEc:fan:aimaim:v:html10.3280/aim2007-002007

    Contact details of provider:
    Web page: http://www.francoangeli.it/riviste/sommario.asp?IDRivista=122

    Order Information:
    Email:
    Web: http://www.francoangeli.it/riviste/Elenco_Prodotti.aspx?startCode=DC

    Related research

    Keywords:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:fan:aimaim:v:html10.3280/aim2007-002007. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Angelo Ventriglia).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.