Renty strukturalne na gruncie prawa niemieckiego

Abstract

Early retirement scheme (Landabgaberente) has a long tradition in German law and was in operation in Germany until 2006. Its original construction is worth deeper analysis, which could be significant for the doctrine of law. The German law provides for a range of obligatory conditions, which must be fulfilled in order for a farmer to be granted an early retirement. The most interesting provisions which characterise the instrument in German law are the short period of time foreseen for application of the instrument, the variety of legal forms of land transfer, the special regulation for disabled farmers, the obligatory transfer for the purpose of improvement of agricultural structures as well as accessibility of the land for promising and well–operating agricultural holdings. Farmers fulfilling the necessary conditions have a claim for the scheme, and thus granting of financial assistance can not be limited by the State financial means currently at the disposal. The effectiveness of the early retirement scheme in Germany was reinforced by supplementary instruments such as the production–giving–up–pension (Produktionsaufgaberente) and the compensation aid (Ausgleichgeld).