ZASTAW JAKO FORMA ZABEZPIECZENIA WIERZYTELNOŚCI ZWIĄZANYCH Z PROWADZENIEM DZIAŁALNOŚCI ROLNICZEJ

Abstract

The purpose of the paper is an attempt to answer the following questions: firstly, is the pledge an available and favourable form o f securing receivables related to agricultural production due from a debtor who is an agricultural producer, and, secondly, is the pledge an effective measure of obtaining the benefit for the creditor. Three types of pledges have been analysed: an ordinary pledge regulated by articles 306 - 335 of the civil code, a registered pledge and a statutory pledge related to the agricultural lease (article 701 civil code). The paper presents different issues related to the pledge, including the pledge being a subject and object o f the transaction, and the recovery o f the benefit secured by the pledge. The paper ends with a conclusion that from the point o f view o f both: the pledgor and the pledgee, a registered pledge is undoubtedly a much more advantageous and desirable form of securing receivables than an ordinary pledge. Consequently, postulates requesting modifications of some existing regulations concerning registered pledge act seem to be fully justifiable.