Régimen jurídico de la propiedad agraria sujeta a la nueva PAC

Abstract

The author examines the process of the codification in Spain and, especially, the treatment of property rights in the various Drafts, as well as the doctrinal developments concerning the right of ownership. In particular, the author focuses on of Rural codification and analizes the different drafts elaborated by the scientific literature. Special attention receives Rural Code drafted by Dánvila which was the most perfect attempt to codify the issue. Danvila wrote two versons of his Rural Code, before the enactment of the Civil Code, and another one after it was approved. While the former is cited by most authors that deal with codification process, the second draft, adapted to the Civil Code, has not been examined by scholar doctrine. The author carries out a comparative analysis of the treatment of property rights in these two projects, and evaluates the reports that were prepared by several Provincial Boards. Subsequently, the author analyzes the incidence of social function in land ownership. The following legislation is considered: the Constitution of the Second Republic and Forced Tilling Laws, the obligation of cultivation during General Franco's dictatorship or the new definition of the social function of agricultural property in the Law on Agrarian Reform and Development. Also, he discusses its significance in the Constitution and in the regional laws on land reform and agricultural policy. A brief chapter to lay down foundations on the Common Agricultural Policy serves as introduction to the main aim of the PhD. Thesis: the very special agricultural property (propiedad agraria especialísima). In this way, the author examines the object of property right (farm, farm animals and entitlements) and discusses the implication of the CAP on them. After defining the object of agricultural property, the author analyses the owner's powers affected by the CAP legislation and, in particular, of cross-compliance of the Single Payment Scheme. Each power is subdivided into its various conections. Thus, we find freedom of choice for use of the thing, freedom to transform the land or the duty to cultivate. A thorough analysis of the different uses of property rights affected by the CAP (eg. hunting, pasture, firewood, or stubble) is carried out, as well as of the other powers that are affected to a lesser extent. In conclusion, the PhD Thesis aims at providing a systematic analysis of the status of agricultural property under the new legal reality enshrined in the Common Agricultural Policy.