Uprawnienia i obowiązki Agencji Nieruchomości Rolnych jako wydzierżawiającego nieruchomości rolne Skarbu Państwa | Rights and obligations of the Agricultural Property Agency as the lessor of the agricultural properties owned by the Treasury

The principle of this article was not only the legal analysis of the content of the agricultural property lease agreement concluded by Agricultural Property Agency but, above all, positioning of this Agency in the process of concluding the abovementioned agreement. The necessity of looking into this matter again resulted from large scale changes in the Act dated 19 October 1991 on the management of agricultural properties owned by the Treasury and accompanying acts, introduced by the amending Act dated 16 September 2011 which came into effect as of 3 November 2011. The changes largely concerned the lease of agricultural properties owned by the Treasury. The basis of the article constituted also a lawsuit, during which the Agency was a party. The lawsuit caused changes in the property sale and lease procedure. The article also presents the basic legal requirements for the functioning of Agricultural Property Agency. The introduced legislative changes exposed the monopolistic position of the Agency. The statutory tendency to liquidate lease of the state–owned agricultural properties was also clearly presented, what met with criticism in the doctrine. Moreover, concerns were also aroused due the fact that the amended Act on the management of agricultural properties owned by the Treasury introduced legal instruments which allow for the unilateral interference in the content of lease agreements concluded for a definite period of time. Undoubtedly, the tenant of the state–owned agricultural property, in case of the agreement concluded for a definite period of time, should receive a far–reaching legal protection. Only this type of protection guarantees achievement of the economic objective and allows for the permanence of management of the land held under lease. The amended act questions this permanence.

Uniwersytet Śląski

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