Autonomy of will and disposal of agricultural land

Rajnović, Ljiljana and Cico, Snežana (2025) Autonomy of will and disposal of agricultural land. In: V International Scientific Conference "Sustainable agriculture and rural development". Institute of Agricultural Economics, Belgrade, pp. 327-336. ISBN 978-86-6269-141-5

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Abstract

Autonomy of the will is the basic principle of the law governing the matter of contract law. The autonomy of the will is a confirmation of the existence of subjective civil rights, but also a guarantee of the position and role of the will of the individual in the establishment, change and termination of subjective civil rights. This would mean that the contracting parties conclude, change and terminate their contractual relations of their own free will. The widest freedom of contract exists when the object of disposal is private property. However, this freedom is not limitless, but must be within the limits of coercive regulations, public order and good customs, which limits are quite wide depending on the subject of the contract. Certain restrictions exist in the disposal of agricultural land. The paper analyzes the influence of autonomy of will on the disposal of agricultural land in private ownership. On the one hand, agricultural land is an asset of general interest in the Republic of Serbia, and on the other hand, there are general rules of freedom of disposal of private property, but this freedom is limited in specific cases, considering the status of an asset of general interest. Autors believe that the state benefits from goods of general interest and the owner bears the risk. That is why the state should make an additional contribution, by reducing the risk of agricultural land owners with safe subsidies so that both parties benefit.

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