Przegląd Prawa Rolnego, 2008 Nr 1 (3)

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Przeniesienie posiadania gruntów rolnych w wyniku spadkobrania a prawo do płatności
(Wydawnictwo Naukowe UAM, 2008) Bieluk, Jerzy; Łobos -Kotowska, Dorota
The Act on payments within the framework of direct support schemes of 26 January 2007 deals with cases of mortis causa succession when the proceedings for granting payments are met with the death of a farmer, giving rise to procedural consequences. Direct payments in the new Member States - including Poland - cannot be transferred. Only in exceptional circumstances does the legislator allow for the shift of a person entitled to payment. Such specific situations include (a) transfer of all land within agricultural holding and (b) death of the farmer on condition that all land subject to an aid application is transferred. The aim of the paper is to determine the legal effects (both in the sphere of public and private law) caused by the death of the testator. What is also highlighted is the different legal situation of inheritors depending on the date of death of the farmer, i.e. whether it occurred before or already after the proceedings on granting payment have been accomplished. The legislator seems to have solved the issue of procedural succession in a manner that takes into account the specific character of the procedure in question and which allows for its maximum simplification. However, a few of those solutions still raise some doubts.