Tryb dochodzenia roszczeń z tytułu kredytów restrukturyzacyjnych w rolnictwie

Abstract

The first part of the article is devoted to the history of establishing and successive transformations of the so-called Fund for Restructuring and Clearing of Debts in the Agriculture of Poland, as well as to its successive disponents. The main issue touched upon by the Author is the question: who is the creditor for an agricultural credited by a local bank with financial means of the Fund, and also - whether the bank (in case of non-performance of this duty by the agriculturer) is authorized to draw his own executory document with a writ of execution (against the agriculturer-debtor) on the basis of art. 53 p. 2 of the banking law. The Author presents his considerations upon the above question on a concrete example. He states in conclusion that art. 53 of the banking law should be derogated because it breaks cardinal principle of civil law, according to which the parts of legal civil relationship are equal and all controversies between them are settled by a court. The disposition a the mentioned could be useful in centrally planned economy, steered rigidly by banks, nevertheless it should not be further maintained in market economy.