Zniesienie współwłasności gospodarstwa rolnego w kontekście zasady słuszności

Abstract

Regulations concerning the dissolution of ownership described by the Civil Code Articles 213-218, contain a series of general concepts. Among them are the clause of socioeconomic interest and of providing due guarantee of proper running of the farm. The article discusses relations between the above mentioned clauses and the clause of the principle of equity. In the regulation pertaining to the dissolution of a farm economic criteria visibly prevail. Still, one may notice that, particularly in the notion of socioeconomic interest, there are elements referring to the principle of equity.