Założenia konstrukcyjne umowy przyznania pomocy z Europejskiego Funduszu Rolnego na rzecz Rozwoju Obszarów Wiejskich

Abstract

In the agricultural sector, unlike in any other economic area, agricultural agreements (contracts) should reflect their social character since they are used to put in order and reconcile varied interests. However the agreements used in the Polish agricultural transactions are of an extremely varied character (sale, exchange, donation, life usufruct, succession agreement, the agreement of farm conveyance for structural pension, lease, renting, contract deliveries of agricultural produce). In practice they are concluded in order to create, enlarge or arrange a farm from a subject matter point of view. With the Act of 7 March 2007 on the support for rural areas with the participation of means from the European Agricultural Fund for Rural Development there was introduced a new type of contracts constructed in order to acquire payments from the European means within support schemes for rural development, with contracts on granting payments constituting this type of agreement. The agreement on granting payments is of civil-legal nature which can be included into agricultural agreements. It is an innominate bilaterally binding mutual contract, with the reservation of a written form ad solemnitatem under the clause of nullity. In agricultural transactions its contents were expressed in the models of agreements on granting support (aid) for activities specified in article 5 of the act. Binding a contractual relationship occurs strictly in accordance with the pattern of the support granting contract. In the article there were presented construction fundamentals of such a contract (contracting parties, parties’ rights and obligations, contents, fulfilment of an obligation, non-fulfilment or improper fulfilment of a contract, withdrawal from a contract or its dissolution).