Gospodarstwo rodzinne jako konstytucyjna podstawa ustroju rolnego w świetle projektu Kodeksu rolnego

Abstract

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.