Legal nature of the annulment sanction indicated in art. 9 item 1 of the Act on shaping the agricultural system in connection with the amendment to this Act

Abstract

Objectives The nature of the annulment sanction regulated in art. 9 u.k.u.r. raises a number of doubts in both doctrine and case law. Despite the recent amendment to the provision, these doubts have not been removed. The purpose of the article is to try to define the legal nature of the annulment sanction from art. 9 u.k.u.r. Material and methods The publication uses a dogmatic and legal method as appropriate for analyzing legal provisions. To the small extent necessary to indicate the changes that have occurred over the past year, a historical and legal method has been used. Results The results of the tests indicate that the annulment of Art. 9 u.k.u.r. its construction resembles the invalidity of art. 58 of the Civil Code, but it does not have the features of absolute nullity. Moreover, it would be pointless to repeat the sanction, which was regulated in art. 58 of the Civil Code and applies in civil law as a basic provision. Since the legislator decided to repeat and regulate the annulment sanctions separately in u.k.u.r. its character should be understood differently. Conclusions The analyzes carried out and the results presented give rise to an indication of the need to clarify the nature of the sanction which the legislator applied in art. 9 of the Act on shaping the agricultural system. The changes could properly allow the correct application of sanctions.

Keywords

• legal action
• sanction
• sanction of invalidity
• absolute invalidity
• mutability