Remarks on the statutory inheritance of agricultural holdings according to the Civil Code

Abstract

The author of the article presents the legal regulations contained in Articles 1058 to 1088 of the Civil Code, which normalise issues concerning the inheritance of agricultural holdings. At the outset, he comments on the development of successive drafts of the Civil Code, which reflect demands of a social and economic nature. He then characterises the concept of a farm in succession law. He presents the ratio legis of the current legislation, pointing out that the main objective of the rules on the succession of farms is to prevent the fragmentation of these farms and overburdening them with repayments to other heirs. The author calls for the harmonisation of the special rules for the inheritance of farms with the general rules of Polish inheritance law and for the implementation of the agricultural policy of the People's Republic of Poland.