Ochrona interesu rodziny a zmiana generacji w rolnictwie
Loading...
Date
1985
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
The Protection of the Family Interest and the Generation. Change in Farming
Abstract
The contemporary Polish village requires and expects a modernisation in practically
all areas of its activities and activeness. It is the young generation that is
to play the greatest part in the process of structural changes in the Polish country.
A rejuvenation of farming is not only desirable, but necessary, and it should
be consciously stimulated. Yet a doubt appears if the generation change in farming
is not taking place at the cost of an infringement of the interests of the
nearest family. The problem is analised on the basis of the Social Security of
Individual Farmers Act of 14 December, 1982, (Government Regulations and Laws
Gazette 40, pos. 268), and the Civil Code provisions for the inheriting of farms.
Furthermore, it seems that the problem is topical only in those families in which there appear conflicts; in families of close bonds the legal regulation of certain
social relations is not an obstacle to patterns of behaviour preserved in village tradition.
As far as the retirement pension act is concernred members of the transferring
farmer's family are not entitled to any claims against the one who transfers as well
as against the recipient. The Act determines only what the duties of the recipient
towards the one who transfers are, the range of which are, besides, very limited;
their bulk is taken over by the state. The Act further, does not mention any
possible settlement of accounts between the recipient of the farm and the family
of the transferring farmer, in the event of the latter's death. There is an evident
gap in the act in this respect. De lege lata there exists only the slightest hope that
in the event of such a death, an inheritance would be left in which the farmer's
successor would participate.
A number of changes have been introduced with respect to succession to farms
in the course of the last two decades, which testify to a certain openness, on the
legislator's part, to reality, although in all that time he or she has remained faithful
to the conception that the successor to a farm must comply with additional
prerequisites.
What deserves special notice is, first of all, the widened range of those entitled
to statutory succession and, secondly the possibility of succeeding to a farm
on general terms. On the other hand, one can observe that present regulations pay
only a very scant attention to the contribution the testator's family make to the
creation of the inherited objects by decidedly favouring socio-economic reasons.
It seems that practice should follow a more liberal interpretation of the provisions
for the succession to farms. A guideline might be sought in the instructions to
the administration of justice and to judicial practice expressed in a Supreme Court
resolution of 1968.
In cases of a statutory succession to farms, a somewhat singular issue appears
in the form of succession by so-called specific replacement. In view of the fact
that in a given situation the more far-off members of the testator's family might
participate in the succession, for e. g. the descendants of brothers and sisters,
this type of succession is an occasion when tension in the family might appear,
although also in this case the gist of the problem lies in the conditions to be
met by the successor to the farm.
In cases of testamentary succession the very principle of freedom of bequest
is a potential source of misunderstandings and might lead to those members of
the family not appointed as heirs being injured. But also in such cases, the successor
must possess specific attributes entitling him to the appointment. Should
those be lacking, it might turn out that statutory succession would take place,
which would alleviate somewhat the distress connected with bequething. What
turns out to be rather ineffective in testamentary succession to farms is the institution
of legitimate portions, as here also those who might wish to gain from
it, have to conform to certain prerequisites as potential heirs.
Quite serious irregularities might be observed in distributive proceedings. They
resolve themselves into an assessment of the inherited farm's capacity of payment
by installments, to the lowering of payments. The legislator appears here as the
protector of the farmer obliged to payments, whereas the farmer and both the
testator's and the obliged farmer's family are all entitled.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 4, s. 49-61
Seria
ISBN
ISSN
0035-9629