Potential impact of the EU 2003 CAP reform on land idling decisions of French landowners: Results from a survey of intentions

The 2003 reform of the European Union Common Agricultural Policy (CAP) introduced Single Farm Payments (SFPs) which are decoupled payments conditional on cross-compliance, and allows these payments to be claimed for land kept fully idle but maintained in good agricultural and environmental conditions (GAEC). This paper focuses on the potential impact of the reform on land idling decisions in France with the help of a survey of the intentions of landowners. Both operator and non-operator landowners were considered since, although SFP entitlements are owned only by operator landowners in France, non-operator landowners may now have a higher incentive to switch to operating land by idling land and maintaining it under GAEC in order to claim SFPs. The key variables in landowners’ decisions to idle land in GAEC appear to be both monetary and non-monetary. Despite the likely difference in conversion and cross-compliance costs, operators and non-operators were shown to be equally uninterested in GAEC, suggesting that no dramatic changes in terms of idling land should occur in France as a result of the 2003 reform.     

公序良俗在情人遗赠纠纷中的适用——基于私法与基本权利冲突理论的二元视角

遗赠是否违背公序良俗应以遗赠本身为审查对象，而不能以遗赠以外之事实为断。同时，情人遗赠行为是否违背公序良俗，尤应考察当事人一方遗赠的动机是否是将性奉献与经济上的对待给付联结起来，抑或是存在其他更值得尊重的动机。但在私法视角下，情人遗赠的效力，总是呈现出完全有效或完全无效的形态。而在基本权利冲突与权衡的视角下，各基本权利相互较量各自在具体个案中的分量，此种权衡和较量之结果体现在法律行为效力上，即既非完全有效亦非完全无效，而是在两者间存在多种可能性，因而更能适应个案中的具体情况，也更具灵活性。