The Possession of Farm by the Spouses and the Entry in the Register of Agricultural Producers. A Single Case Study Cover Image

Posiadanie gospodarstwa przez małżonków a wpis do ewidencji producentów rolnych. Studium jednego przypadku
The Possession of Farm by the Spouses and the Entry in the Register of Agricultural Producers. A Single Case Study

Author(s): Dorota Lis-Staranowicz
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: law separation; agricultural law; area payments; records of agricultural producers; the Constitutional Court

Summary/Abstract: On the basis of Act of the national register of producers, the record of farms and records of claims for payment, farmers, being in the matrimony and running farms on your own account (eg. separate property) were not able to autonomously apply for the area payment. Such situation limited their economic independence. This problem took on special meaning when spouses-farmers were on the legal separation. Despite the identified problems, the legislature did not introduced amendments in the Act. It was not until the Constitutional Court's judgment of 3 December 2013. (Ref. P 40/12 P) gave farmers-spouses all the clear to place them separately in the register of agricultural producers and independently apply for area payments.

  • Issue Year: 52/2015
  • Issue No: 52
  • Page Range: 241-255
  • Page Count: 15
  • Language: Polish