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  1. 2 Studia Iuridica

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  1. 2 Leśkiewicz K.

  2. 2 Lipińska I.

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Prawne aspekty kwalifikacji stosunku prawnego jako umowy kontraktacji w świetle orzecznictwa sądów powszechnych

100%
Leśkiewicz K., Lipińska I.
Studia Iuridica
|
2016
|
vol. 66
153-167
PL
The object of considerations is legal issue of qualification of legal relations as cultivation contract in accordance with article 613–622 of Civil Code. Cultivation contract has productive character. Its subject is closely related to the manufacturing process in agriculture, where at the same time it is important starting position in the chain of supply of agricultural products, although sometimes it is regarded by mistake as sale or delivery contract. Judicial decisions, analyzed in the article confirm the existence of several model features, which occurence in particular legal relationship makes it a part of cultivation contract. While lack of characteristic features for code model of contracting causes that the agreement is not recognized as cultivation contract in the meaning of article 613–626 of Civil Code. Features of cultivation contract highlighted in the judicial practice can be divided into features so called connected with subjective aspects – parties to the contract and features connected with object of the contract. Party to the contract may be agricultural producer, who produces agricultural products in his own farm in productive process, and provides it to contracting person, and of course contracting person (most often entrepreneur). The subject of performance is “facere” – production and delivery of fixed amount of agricultural products, produced in own farm.
2

Prawne aspekty kwalifikacji stosunku prawnego jako umowy kontraktacji w świetle orzecznictwa sądów powszechnych

100%
Leśkiewicz K., Lipińska I.
Studia Iuridica
|
2016
|
vol. 66
153-167
PL
The object of considerations is legal issue of qualification of legal relations as cultivation contract in accordance with article 613–622 of Civil Code. Cultivation contract has productive character. Its subject is closely related to the manufacturing process in agriculture, where at the same time it is important starting position in the chain of supply of agricultural products, although sometimes it is regarded by mistake as sale or delivery contract. Judicial decisions, analyzed in the article confirm the existence of several model features, which occurence in particular legal relationship makes it a part of cultivation contract. While lack of characteristic features for code model of contracting causes that the agreement is not recognized as cultivation contract in the meaning of article 613–626 of Civil Code. Features of cultivation contract highlighted in the judicial practice can be divided into features so called connected with subjective aspects – parties to the contract and features connected with object of the contract. Party to the contract may be agricultural producer, who produces agricultural products in his own farm in productive process, and provides it to contracting person, and of course contracting person (most often entrepreneur). The subject of performance is “facere” – production and delivery of fixed amount of agricultural products, produced in own farm.
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