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  1. 2 Studia Iuridica Agraria

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  1. 2 Komarowska M.

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  1. 1 2017

  2. 1 2016

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Nowe rozporządzenie określające przedmioty należące do rolnika prowadzącego gospodarstwo, które nie podlegają egzekucji

100%
Komarowska M.
Studia Iuridica Agraria
|
2017
|
vol. Studia Iuridica Agraria, 2017, tom XV
EN
On 55h July 2017 the Minister of Justice on the basis of Article 830 of the Civil Procedure Code has issued a new regulation on stipulating objects own by the farmer conducting a farm, which are excluded from judicial execution, simultaneously reversing the previous regulation from 16th May 1996. The new regulation has been adjusted to the actual economic reality and in a better way fulfils the protection of a debtor conducting a farm. It consists of the solutions which are flexible enough to adapt to various kind of farm production and its scale. On the other hand, the new regulations can be considered as violating the creditor’s interest too much. The legislator has made a comparison of two values – the protections of farm production and the creditor’s interest, awarding the bigger significance to the first of them.
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Nowa funkcja Biuletynu Informacji Publicznej wynikająca z ustawy o kształtowaniu ustroju rolnego

100%
Komarowska M.
Studia Iuridica Agraria
|
2016
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vol. 14
163-173
EN
Public Information Bulletin is a data communication network, a tool created in order to provide an unlimited access to public information. As a result of the amendment of the Act on Shaping of Agricultural System of 11 April 2003 the Public Information Bulletin acquired a new function. Due to the amended regulations, statements issued by the Agricultural Property Agency as an execution of the preemption or acquisition right of an agricultural real estate or shares of companies owning an agricultural real estate, shall be published in the Public Information Bulletin by the Agricultural Property Agency. Those statements can be deemed as a public information, hence their disclosure is justified, nonetheless the result of this publication is also of civil law nature. It is deemed that in the moment of the publication of aforementioned statement, the recipient has acquainted himself with its content, which results in execution of the pre-emption or acquisition right. Such mechanism results in many practical problems. By a virtue of above regulations, Public Information Bulletin, a tool of public law used to provide public information, has a new function, it is used as a medium of legal consequences in civil law.
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