Reguły dochodzenia i rozliczania w postępowaniach o podział majątku wspólnego środków finansowych pochodzących z płatności bezpośrednich przyznawanych rolnikom
The rules of investigation and settlement of funds from direct payments granted to farmers in proceedings for the division of the property

Summary/Abstract: Funds obtained under direct payments are a permanent component of income obtained from running a farm, and thus demands for their settlement are commonly encountered in cases concerning the division of the property. The study aims to establish and present the rules for their investigation and settlement. The considerations have been divided into two main parts the first of which concerns the issues related to the settlement of direct payments collected by one of the spouses during the statutory joint property regime, while the second part is devoted to the analysis of these issues in the period between the termination of the statutory joint ownership and the division of the property. The conducted research shows a very clear evolution in case law relating to the admissibility of settling funds from the so-called EU subsidies in proceedings for the division of the property. In the light of the currently dominant standpoint under civil law, there are no axiological grounds for special treatment of income such as direct payments attributed to the common property, even though these payments are granted under the administrative and legal procedure.

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