"PROTECTION OF A FARM IN THE COURSE OF JUDICIAL ENFORCEMENT PROCEEDINGS BY A BAILIFF" ENFORCEMENT PROCEEDINGS - GENERAL ISSUES

Authors

  • Adrian Jaworski

DOI:

https://doi.org/10.33216/2218-5461-2019-37-1-120-128

Abstract

In the Polish civil law, and in the civil procedure behind it, we are dealing with increased protection of farms, in particular farms run by individual farmers. Factors justifying this special protection of an agricultural holding are the variable economic situation on the agricultural market, conducting agricultural activity in specific conditions independent of the farmer (e.g. type of soils, climatic conditions), as well as the most important, constitutional protection of individual agricultural holdings. The basis of the agricultural system of the state is a family farm (Article 22 of the Constitution of the Republic of Poland), the legislator must adjust lower-ranking provisions to this constitutional primacy, hence the above restrictions have been introduced to the code of civil procedure.
Key words: court, enforcement bodies, Enforcement of a farm by a bailiff, civil procedure.

Author Biography

Adrian Jaworski

PhD student in the Department of Agricultural Law and Spatial Management Faculty of Law and Administration of the University of Silesia in Katowice Assessor of the judicial officer of the Katowice Appellate District, Poland

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Published

03.09.2019

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