Published: 2019-10-09

Payments within Direct Support Systems in Cases Related to the Division of Spouses’ Joint Property

Agnieszka Ogrodnik-Kalita
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2019.19.3.10

Abstract

The article discusses issues concerning payments within direct support systems as a significant problem in the proceedings related to the division of spouses’ joint property. This issue has not received due attention in the doctrine, even though it is giving rise to divergences in judicial practice. I make a distinction between payments received before the termination of the spouses’ joint property and those received after the termination but before the division of their joint property. I carry out a critical analysis two judgements of the Polish Supreme Court concerning former spouses’ possibility to settle EU subsidies, and I also review numerous judicial decisions issued in cases related to the division of spouses’ joint property. An important issue in the legal proceedings I analyse in this study is the court’s determination of the fact that one of the spouses received subsidies and their amount. My discussion leads to the conclusion that in cases related to division of joint property in the situations where the spouses have received EU subsidies judicial decisions should not be taken automatically, and all the circumstances of the case should always be considered.

Keywords:

EU subsidies, co-ownership, possession, agricultural land, marriage.

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Citation rules

Ogrodnik-Kalita, A. (2019). Payments within Direct Support Systems in Cases Related to the Division of Spouses’ Joint Property. Zeszyty Prawnicze, 19(3), 231–254. https://doi.org/10.21697/zp.2019.19.3.10

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