Zmiana wysokości czynszu w czasie trwania stosunku dzierżawy gruntów rolnych

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Date

2007

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Publisher

Wydawnictwo Naukowe UAM

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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.

ISBN

978-83-232176-0-2

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Creative Commons License

Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego