Zmiana wysokości czynszu w czasie trwania stosunku dzierżawy gruntów rolnych
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Date
2007
Authors
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Journal Title
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Publisher
Wydawnictwo Naukowe UAM
Title alternative
CHANGE IN THE LEASE RENT DURING THE AGRICULTURAL LEASE PERIOD
Abstract
The paper is an attempt to present some selected issues related to the change in the
lease rent during the agricultural land lease period, and the manner in which the Agricultural
Property Agency solves them. The principles o f establishing the amount of that rent
when the lease is prolonged for another period, as well as after the lapse o f 10 years in the
case o f a land leased from the Agricultural Property o f the State Treasury resources are
also discussed. In the author's opinion, despite the fact that the legal regulations concerning
the above cases are very general, the lease rent that the Agricultural Property Agency
establishes pursuant to article 39 clause 2 point 1 of the Act of 19 October 1991 when the
lease is prolonged, is correct. What is more, once the regulations of the article quoted
above have been used in practice, the modifications of the lease rent are carried out according
to clear principles, and are uniformly applied in respect of every lessee.
Article 700 of the civil code has also been analysed. Although the obligation to insure
crops and livestock has practically rendered the significance of lease rent reduction pursuant
to article 700 of the civil code much less important , this institution will not easily
disappear from the relations in the rural areas. The author concludes that the lease rent
regulations need modifications. Those that are currently binding do not ensure stability and
have a negative impact on the preservation o f the durability of lease relations. This remark
applies especially to the principles of establishing the level of rent in tender procedures,
when the lease is prolonged for another lease period, and when the lease rent is to be reduced.
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Citation
Przegląd Prawa Rolnego, 2007 Nr 1, s. 276-292.
Seria
ISBN
978-83-232176-0-2
ISSN
1897-7626