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EN
The characteristic feature of the agricultural sector in many countries is the fact that farms, which can be treated as a specific type of an enterprise, may be handed over, unlike enterprises in other sectors, to family members. The property accumulated through generations is handed down to the successor, to the succeeding generation. The process of transmission of farms is called succession. As it is in the case of any family business, the transmission of a farm to a successor constitutes one of the critical stages in its development because it entails not only the handing over of property but also the transmission of managerial responsibility and control over the family. Thus, succession has not only economic aspects (transmission of property, assets, managerial functions) but also social aspects (a change of social role or professional status, for example, when a person earlier deciding about the conditions of existence changes into a subordinated person or a person vocationally active retires), legal aspects (the transmission of ownership rights) and psychological aspects (concern over one's livelihood). The development of a farm constitutes a cycle and can be referred to a logistic function if the language of mathematics is applied. Succession has a multidisciplinary character and it exerts a strong influence on the operation of the agricultural sector and especially on the shape of the market of land and, consequently on the relations between the remaining factors of agricultural production. In this paper the probability function of the logistic type was applied to analyse factors determining the probability of succession. In case of farms, a decisive role in the succession processes is played - both in the positive and negative sense - by the demographic factors (age and the number of members forming a family) and by the economic ones. An increase in the successor's age by one year causes that the probability of succession grows by 87.8 %. However, succession is determined also by the source of income earned by the family of farmers. The more stable and certain this source is the greater becomes the probability of succession. Other factors, such as financial status (acreage, property, etc.) have a minimal or limited influence on the probability of succession.
EN
The paper deals with the perception of the local landscape in period sources, specifically in younger literature with emphasize on the period after 1715 when the depopulated landscape of the researched territory gradually changed into an urban structure in an advanced stage. The presented (rough) reconstruction of the pre–historical and historical landscape is based on extant reports and historical works. The selected approach takes into consideration the natural specifics of the region including historical landscape structures and archaeological finds which indicie the process of culturization, or utilization of the local landscape in the past.
EN
Alexander’s last words, as recorded in the ancient sources, would be referred to as a legacy of his Empire to the best of his generals. Nevertheless, these words would also be reviewed as a key information in order to understand the Macedonian system of succession during the Argead dynasty. Also, the changes provided by the activities of the Diadochs after Alexander’s death in this traditional system of succession for the Macedonians add new information to our knowledge of the theoretical basis for the foundation of the new Hellenistic kingdoms.
Kwartalnik Prawa Prywatnego
|
2011
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vol. 20
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issue 4
1043-1091
EN
With the passing of a new law on 18 March, 2011 (taking effect on 23 October, 2011), regulations concerning the legatum per vindicationem were introduced into the Polish Civil Code (alongside existing regulations concerning the legacy, which only results in an obligation). The legatum per vindicationem can only be established in a notarial will. The object of such legacy may be a thing indicated as to its identity, a transferable property right, an enterprise or an arable farm, as well as establishing the right of use or easement to the benefit of the legatee. At the moment of opening the succession, the object of the legacy is acquired by the legatee. The object of the legatum per vindicationem does not become part of the succession. If at the moment of opening the succession the object of the legacy does not belong to the testator, or the testator was obliged to dispose of it, the legatum per vindicationem is void. Any term clause or condition clause made while establishing the legatum per vindicationem is considered as non-existent. Such legatee is liable jointly with the heirs for the payment of inherited debts. When calculating the compulsory portion, the value of the legata per vindicationem is added to that of the succession. The legatee is only liable for the compulsory portion when the eligible party is unable to obtain it from the heirs. The legatee may accept or reject the legatum per vindicationem under the same conditions as the heir. The procedure for documenting the acquisition of the legatum per vindicationem is identical to that concerning the acquisition of the succession by the heirs. Despite a number of reservations concerning particulars, this amendment to the Civil Code ought to be seen in a positive light since it broadens testamentary freedom and is in keeping with the legal sense of the average testator.
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