Przegląd Prawa Rolnego, 2008 Nr 1 (3)

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W kwestii nowego modelu dzierżawy gruntów rolnych
(Wydawnictwo Naukowe UAM, 2008) Suchoń, Aneta
In this paper, the focus is on necessary amendments to the existing legal regulations on agricultural land lease. The author calls on for a separate law on agricultural land lease. With regard to any issues left outside the scope of such law, the relevant provisions of the civil code should apply. In the making of a new model of agricultural land lease, the legislator should draw on the legislative doctrine elaborated in the old EU Member States and the experience of the Agricultural Property Agency in Poland. Moreover, the design of agricultural land lease should meet the current social and economic expectations as the Common Agricultural Policy applies to the Polish agriculture as well. A list of specific proposals of legal solutions that should be contained in the new agricultural land lease model is offered. It includes issues such as the term of lease and its prolongation, transfer of the lessee's rights and obligations to a third party, the effect of the lessee’s or lessor’s death on the legal relation between the lessee and the lessor, lease rentals and their revision during the term, reasons for premature termination of lease, or pre-emptive rights.