Constitutional conditions of the agricultural system in Poland

The article analyzes concepts for shaping the agricultural system originating from the Constitution of the Republic of Poland. The concept of an agricultural holding and the agricultural system in the light of the jurisprudence of the Constitutional Tribunal and the doctrine of law were analyzed and systematized. The next part of the article discuss mechanisms for supporting by the government the basic unit of the agricultural system, which is a family farm. In the last part of the article the issues concerning the right of inheritance of farms were analyzed

The family farm as the basis of the state’s agricultural system and the inheritance of agricultural estates. Constitutional foundations and legislation

The article concerns the relationship between two constitutionally protected titles – the family farm and the right of succession. The notion of the family farm was analysed and the restrictions to its protection which the right of succession is subjected to were traced. The thesis that there are no valid provisions effectively reconciling these constitutional values was verified. Attention was drawn both to the historical regulation and the current law on the subject matter.

Family Farm as the Constitutional Basis of the Agricultural System in the Light of the Draft Agricultural Code

The article presents issues related to the definition of the family farm as the constitutional basis of the agricultural system in Poland. The main doctrinal assumptions of Art. 23 of the Constitution are presented, and reference is made to various possible interpretations of this provision of the Constitution. An analysis was made of the evolution of the definition of the family farm in Polish constitutional and political system law against the background of European regulations. The significance of the family farm in modern agricultural real estate trade and its compliance with the Constitution were presented. The core of the consideration is the evaluation of the new proposal for the definition of a family farm in the draft Agricultural Code in the light of Art. 23 of the Constitution and its influence on the law. This assessment is critical of the definition under consideration. In conclusion, de lege ferenda conclusions are indicated.