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Collected Papers of the Faculty of Law, University of Novi Sad

2018, vol. LII, No. 2, pp. 651-661

Language of the paper: Serbian

Review Article

udk: 349.412.22:341.95

doi: 10.5937/zrpfns52-17772

Author:

 

Luka Baturan, Assistant with Ph.D.

University of Novi Sad

Faculty of Law Novi Sad

l.baturan@pf.uns.ac.rs

Abstract:

In the book “Family Farming at the Crossroads: challenges and opportunities in biological, economic and social farm reproduction “, the problem of the right of foreigners to acquire property on agricultural land in the territory of Serbia has been considered. In the context of sociological research, several questions were raised to economic and legal theory. Issues are related to (1) the duration of the positive effects of liberalization, (2) the effects of liberalization on the reduction of the number of domestic farms, the proletarization and pauperization of small farmers, (3) the creation of foreign monopolies, (4) tax treatment of foreign buyers of agricultural land and (5) abuse in the change of the land’S purpose. The main aim of this polemics is to provide answers to these questions from the aspect of legal and economic theory, and after valid exchange of arguments, the views on this important issue should be in tune. Our attitude is that the proscription to foreigners to acquire the agricultural land will distort the market allocation, because it reduces the demand for such goods to the level of domestic demand. The direct consequence of this legal solution is the lower price of land. The liberalization of the legal regime would bring an improvement in the sense of Pareto.

Keywords:

agricultural land, property, ownership, rights of foreigners.