Zasada słuszności a art. 216 § 2 kodeksu cywilnego

Abstract

The subject of this publication is an analysis of the regulation containted in Art. 216 of the Civil Code in the context of the legitimacy principle. This regulation pertains to the possibility of the reduction of repayment to co-owners of a farm in the circumstances when it is conceded to one of them. The author ponders on the aspects of the doctrine and the standpoint of the Constitutional Tribunal referring to the premises of the reduction of these repayments and compatibility of the regulations with the Constitution. The author concludes that whereas the legitimacy principle cannot be the basis for the reduction of repayments, the economic welfare of a farm can be such a basis.