捷克共和国农业用地的收购

J. Hanák, Jan Leichmann
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摘要

本文主要研究捷克共和国的农业用地征用问题。它的目的是在历史和财产法的背景下描述这个话题。本文介绍了财产所有权关系产生的历史背景及其构成。过去,农业用地被国家收归国有。因此,在天鹅绒革命之后,有必要将相当一部分国有资产重新归还给原来的所有者。私有化和有关事项构成本分析的重要部分,因为它仍然影响到农业土地从国家向个人的转让。历史上,农业用地的转让也受到国籍的限制。然而,在捷克共和国加入欧洲联盟之后,这一限制已逐渐取消。先发制人也仍然是一个重要问题。但是,目前普遍没有优先购买权。它只影响某些类型的农业用地,在这些土地上,优先购买权被确立为有利于国家。文章的下一部分论述了农业用地的实际流转。本部分介绍了国有农用地流转的基本要求和要素,重点介绍了国有农用地流转。农业用地由国家土地局代表捷克共和国管理,负责土地的处置和转让。首先,本文关注的是特权转让问题,即所讨论的土地仅转让给一定范围的主体。在接下来的章节中,将描述向非特权实体转让土地的方法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Acquisition of Agricultural Land in the Czech Republic
The article focuses on the acquisition of agricultural land in the Czech Republic. It aims to describe the topic in the context of both historical and property law. The article introduces historical context of property ownership relations and their composition. Agricultural land was nationalized by the State in the past. Therefore, after the Velvet Revolution, it was necessary to restate a significant part of state-owned property back to its original owners. Privatization and related matters form a significant part of the present analysis because it still affects the transfer of agricultural land from the State to private individuals. Historically, transfers of agricultural land have also been restricted on the basis of nationality. However, after the accession of the Czech Republic to the European Union, this restriction has gradually been lifted. Pre-emption also remains an important issue. At present, however, there is no pre-emption right in general. It affects only certain types of agricultural land, where the pre-emption right is established in favor of the State. The next part of the article deals with actual transfers of agricultural land. This part introduces the basic requirements and elements of transfers, with an emphasis on transfers of state-owned agricultural land. On behalf of the Czech Republic, agricultural land is administered by the State Land Office, which is responsible for the disposal and alienation of land. First, the article focuses on privileged transfers the land in question is transferred only to a certain circle of subjects. In the succeeding section, methods of land transfers to non-privileged entities are described.
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