Umowa przyznania pomocy z Europejskiego Funduszu Rolnego na rzecz Rozwoju Obszarów Wiejskich a inne podobne umowy

• Authors: Dorota Łobos-Kotowska

Title variants

EN

Contract of aid granting by the European Fund for Rural Development and another similar contracts

• Languages of publication: PL

Abstracts

EN

With the act of 7 Match 2007 on support for rural areas with the participation of means from the European Agricultural Fund for Rural Development there was introduced a new type of contracts constructed in order to acquire payments. The aim of this paper is an attempt to determine the legal nature of the agreement of aid granting by this found. In this paper there were presented construction fundamentals of a contract when one of the party to the contract is Managing Authority (support is given after the administrative proceedings in particular case but the agreement is the source of obligations, there are restrictions of freedom of contracting, and the civil courts are competent to settle disputes). These features point to the civil – legal nature of the agreement. The agreement used in Polish agricultural transactions are of an extremely varied character. This agreement is similar to a contract of donation and to a contract of aid granting by the structural funds. Therefore, it is helpful, to compare it to these agreement. The analysis of provisions of the Polish act allows to draw conclusions on a very complicated legal character of the agreement of aid granting by the European Agricultural Found for Rural Development. This agreement is different from the donation and from the agreement of aid granting by the structural funds. The unification of the procedure of support, not excluding the contract should be postulated.

Keywords

EN

contract; freedom of contracting; legal nature of the agreement

• Journal: Studia Iuridica Agraria
• Year: 2012
• Volume: 10
• Pages: 265-280

Contributors

author

Dorota Łobos-Kotowska

• Uniwersytet Śląski w Katowicach, Wydział Prawa i Administracji