Concept of Agricultural Ownership

 

DOI: https://doi.org/10.24040/sap.2025.12.2.78-86

 

Citácia:  CZERWIŃSKA-KORAL, K. 2025. Concept of Agricultural Ownership. In Štát a právo [online]. 2025, vol. 12, no. 2. pp. 78-86 [cit. dátum  citovania]. ISSN 2644-643X. Available at: https://doi.org/10.24040/sap.2025.12.2.78-86

 

 

Abstract:

An agricultural undertaking is a special object (reference) of property law. Relying on a broader and more comprehensive treatment of ownership right and on a functional approach to ownership, Professor Andrzej Stelmachowski created a concept of agricultural ownership. That concept allows one not only to approach the topic of ownership (and other proprietary rights) in a broader manner, but it also allows for accounting for a special object of ownership such as an agricultural holding. What is important, it provides for special protection of the agricultural holding as an object of ownership. The concept also justifies the legislator’s imposing a number of duties on the agricultural holding owner (agricultural producer) in view of the ever-changing social needs and the dwindling resources.

 

 

Key words:

Ownership, agricultural holding, rights, duties, social function of ownership, property