Przegląd Prawa Rolnego, 2015 Nr 2 (17)
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Browsing Przegląd Prawa Rolnego, 2015 Nr 2 (17) by Author "Suchoń, Aneta"
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Item Jeszcze o potrzebie prawnego uregulowania dzierżawy rolniczej w Polsce. ANEKS: Projekt ustawy o dzierżawie rolniczej(Wydawnictwo Naukowe UAM, 2015) Suchoń, AnetaIn this article the author explains why, in the context of the draft paper on rural devel-opment submitted to the Polish parliament by the Agricultural and Rural Development Committee, and the recent lease regulations in many European states, is also necessary for a law on agricultural lease to be adopted in Poland as well. First, the regulation of agricultural lease in selected European states is presented, followed by an analysis of a draft law submitted to the Polish parliament (Sejm) in February 2015. The law on agricultural lease has not yet been adopted but its draft constitutes an excellent basis that may be treated as a springboard for further legislative work on that matter which the current Sejm should address.Item Obrót dzierżawny w świetle nowej ustawy o kształtowaniu ustroju rolnego(Wydawnictwo Naukowe UAM, 2015) Suchoń, AnetaThe considerations presented in the article aim to establish the impact of the regula-tions of the new Act of 5 August 2015 on the Shaping of the Agricultural Regime on lease contracts. The main focus is put on the analysis of the subject of and parties to an agricul-tural land lease contract, its form and registration. It is stated that some of the solutions may have a negative impact on lease contracts as they require too many formalities to be taken care of when entering into lease contracts. Taking into account the freedom to enter into contracts principle, invalidation of a contract in the absence of its notarised form seems to be wrong. Here, an introduction of an ad eventum form seems more appropriate, leaving a notarised contract (deed) for larger portions of land (e.g. 5 ha). Other amend-ments also seem necessary, and the article ends with a postulate to that end.