NABYWANIE NIERUCHOMOŚCI ROLNYCH PRZEZ KOŚCIELNE I WYZNANIOWE OSOBY PRAWNE W ŚWIETLE USTAWY O KSZTAŁTOWANIU USTROJU ROLNEGO

Abstract

Act on the Formation of Agricultural System introduced the general principle according to which agricultural real estate can be purchased only by individual farmers. However, there are exceptions, including the possibility of purchasing agricultural real estate by legal person of churches and other religious organizations. The purpose of the article is to establish the scope of this special exception and the reasons for its introduction. The author concludes that the binding regulation, due to its wide scope, may raise doubts. The article proposes de lege ferenda changes that would enable the purchase of agricultural real estate by legal person of churches and other religious organizations in such a way that the freedom of religion could be protected and regulatory proceedings could be carried out, while at the same time it could fulfil the objectives of the Act on the Formation of Agricultural System.