The subject of this publication is an analysis of the regulation containted in
Art. 216 of the Civil Code in the context of the legitimacy principle. This regulation
pertains to the possibility of the reduction of repayment to co-owners of a farm in the
circumstances when it is conceded to one of them. The author ponders on the aspects
of the doctrine and the standpoint of the Constitutional Tribunal referring to the
premises of the reduction of these repayments and compatibility of the regulations
with the Constitution. The author concludes that whereas the legitimacy principle
cannot be the basis for the reduction of repayments, the economic welfare of a farm
can be such a basis.Uniwersytet w Białymstok
