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Dr Rafał Michałowski
ORCID: 0000-0003-3255-4908
Dr Rafał Michałowski Doctor of Law. Assistant professor at the Department of Civil and Commercial Law of the Faculty of Law at the University of Białystok. Member of the Polish Agricultural Law Association. In his scientific work he focuses on issues of trade in agricultural properties.
DOI: 10.33226/0137-5490.2021.11.7
JEL: K39

The issue of sale of agricultural properties in tender procedures on the basis of legislation regulating the principles of real estate management is associated with a number of interpretation problems. These arise from the fact that the legislator has failed to distinguish clearly between these regulations and the legislation on shaping of the agricultural system. This issue has not been subjected to a thorough analysis in legal texts so far. Sale of agricultural properties should, in such case, take place on the basis of an open tender, with potential modifications justified by the specific nature of statutory requirements with regard to consent to the purchase of agricultural property, issued by the Managing Director of the KOWR (National Support Centre for Agriculture). There is no basis to state that under the current state of law, it is not possible to sell agricultural properties on the basis of the act on real estate management in the course of a tender procedure, or that in such case, a restricted tender procedure must be carried out, allowing only for participation of individual farmers.

Keywords: agricultural property; open tender; agricultural system; Managing Director of the National Support Centre for Agriculture; consent to the purchase of real estate

Dr Rafał Michałowski

Doctor of Law. Assistant professor at the Department of Civil and Commercial Law of the Faculty of Law at the University of Białystok. Member of the Polish Agricultural Law Association. In his scientific work he focuses on issues of trade in agricultural properties.