Monitor Prawniczy

no. 10/2014

A farm transfer agreement and its impact on matrimonial property regime in case law

Tomasz Gabrylewicz
Autor jest aplikantem radcowskim, po ukończonej w 2013 r. przy OIRP w Lublinie aplikacji radcowskiej, oczekującym na wpis na listę radców prawnych.
Abstract

Under the Act of 27 October 1977 on social security for farmers and their families, the Act of 14 December 1982 on social insurance of private farmers and their families, as well as the Act of 20 December 1990 on social insurance of farmers, a farm transfer agreement retained its legal independence vis-a-vis other gratuitous civil law agreements, in particular it is separate from the deed of gift regulated in the Civil Code.A consequence of such an observation is – as regards the matrimonial property regime if the far was transferred to one of the spouses having joint marital property – that it is part of joint property of those spouses even though only one of them is a party to the farm transfer agreement.