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  1. 2 Studia Iuridica

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  1. 2 Hasińska I.

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  1. 1 2019

  2. 1 2018

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Z prawnej problematyki dochodzenia przez rolników roszczeń związanych z realizacją inwestycji energetycznych – zagadnienia wybrane

100%
Hasińska I.
Studia Iuridica
|
2018
|
vol. 78
153-168
PL
The paper discusses pursuing claims for damages for losses resulting from the implementation of public investments. The crop losses resulting from the construction of power transmission lines have already been a subject matter of court proceedings. Due to a variety of those proceedings no course of action has been developed yet. In the paper the Author focuses on the procedure of estimating the loss and determining the amount of damages for losses listed in the Act and for the other ones that the Act does not expressly define. Apart from the loss estimation procedure, the paper raises also other issues relating to a legal situation of a farmer in the court proceedings, such as the costs of private expert opinions and evidentiary proceedings or tax issues. The Author concludes that including a given loss in the investment act gives an injured party a privileged position and the obligations relating to a compensation procedure are passed on to an institution and an investor. This, however, does not apply to the persons whose losses have not been specified in the act. Thus, it is necessary for the investment acts to clarify the concept of “other losses” connected with carrying out a particular investment. Nevertheless, at this stage it would be advisable if public announcements informing about investments specified the dates of construction works and, as a result, indicated possible difficulty in getting access to farmlands.
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Status prawny spółki cywilnej jako beneficjenta pomocy dla rolników (zagadnienia wybrane)

100%
Hasińska I.
Studia Iuridica
|
2017
|
vol. 72
165-177
PL
The paper discusses the issues relating to classifying a private partnership as a separate entity – an agricultural producer. Such a classification affects the existing arrangements both in civil-law theory and practice. It goes beyond the traditional division of legal entities into natural and legal persons and confers upon a private partnership the features of an individualized and specific organizational unit. It also excludes a partner (or partners) of a private partnership from the group of entities eligible to apply for and to be granted an agricultural subsidy, which consequently results in questing statutory rules of cooperation within a private partnership. The paper aims at assessing the laid down criteria and indicating solutions relating to various opinions on legal nature of a private partnership. Additionally, the article points out the regulations which decide about the active capacity of a given entity. The Author concludes that a private partnership is nothing other than a form of cooperation among entrepreneurs-partners. If there is no entity but only the obligation to cooperate, it makes it difficult to give such an obligation a status of an agricultural producer. The legal construct of this relationship includes a clear regulation specifying who and how acquires the rights – the entitled partners and for the benefit of partners. Granting legal personality to a private partnership is against the intention of the legislator.
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