Sprzedaż egzekucyjna gospodarstwa rolnego i jej skutki dla nabywcy
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Date
2007
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe UAM
Title alternative
ENFORCED SALE OF A FARM IN THE COURSE OF EXECUTIVE PROCEEDINGS AND ITS CONSEQUENCES FOR THE BUYER
Abstract
The latest amendment to the code of civil proceedings has provided for a completely
novel manner of enforcement proceedings, and namely an enforced sale of an agricultural
business or farm (articles 106414-106423 o f the code). The paper focuses on the analysis of
the two legal ways in which a farm may be sold: (1) by putting it up for an auction, or (2)
in a free market, and on the issues related to the transfer o f the title to the farm by virtue of
a contract concluded by the receiver and the buyer, and to the division of the proceeds
from the sale. Another issue analysed is the liability of the new owner for the debts attached
to the farm he has acquired. In the event o f an enforced sale of a farm, the legislator
did not adopt the principle o f an enforced sale having an effect of a primary acquisition of
the subject of executive proceedings. On the contrary, exeutive proceedings resulting in
an enforced sale of a farm do not eliminate the charges burdening individual assets of the
subject of the sale, but create personal liability of the buyer for the debts incurred as a
result of business carried out on the farm before he had bought it, provided those were
disclosed to him during the executive proceedings.
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Citation
Przegląd Prawa Rolnego, 2007 Nr 1, s. 294-309.
Seria
ISBN
978-83-232176-0-2
ISSN
1897-7626