Przegląd Prawa Rolnego, 2017 Nr 2 (21)

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Ewolucja od rolnika indywidualnego ku przedsiębiorcy rolnemu. Uwagi na tle statusu prawnego rolnika i spółki cywilnej
(Wydawnictwo Naukowe UAM, 2017) Hasińska, Izabela
The subject of the considerations presented in this paper are issues related to the evolution of the concept of an entrepreneur and the status of an individual farmer as an entrepreneur in comparison to the status of a partnership. Differences in the status of entrepreneurs in private and public law result in the fact that the same entities may be considered as entrepreneurs under private law but no longer as such under public law. Such a phenomenon occurs, among other things, in the event of the qualification of an individual farmer as an entrepreneur. On the other hand, a partnership has no legal subjectivity under private law. Agricultural activities carried out in the form of a partnership are performed solely by the partners themselves. However, this did not prevent a partnership from being granted the status of agricultural producer in the Act on the National Producer System, the farm register or the records of payment applications. In consequence, there arises a technical simplification that is contrary to the requirement of the clarity in the law.