The Relation of an Arable Farm Transferred to a Successor to the Property of Spouses

Abstract

The article attempts to answer the question what kind of spousal property the transferred farm shall belong to, if the spouses have a joint property. Considerations contained in the article concern all legal acts that introduce the possibility of transferring a farm to a successor, beginning with the act of 27 October 1977 regulating pension provision and other benefits for farmers and their families (Journal of Laws No. 32, item 140), and ending with the structural pension for farmers act of 26 April 2001 (Journal of Laws, year 2001, no. 52, item 539). The author questions the view expressed in the decree made by 7 Supreme Court justices on 25 November 2005 (ref. no. III CZP 59/05) whereby it was decreed that by virtue of the law passed on 27 October 1977 an arable farm transferred to a successor constitutes part of the spousal joint property.