Sytuacja prawna dzierżawcy w obrębie regulacji dotyczącej nabycia nieruchomości z Zasobu Własności Rolnej Skarbu Państwa w razie wyłączenia 30% użytków rolnych z umowy dzierżawy

Abstract

This article deals with the issue of legal position of lessees in a situation wherepart of agricultural (arable) land is excluded from the lease contract according to the provisions of the Act of 16 September 2011 amending the act on managing agricultural property of the State Treasury. This issue raises a number of interpretative doubts in connection with the extremely vague wording of the relevant provisions of the said act. In particular, controversy arises due to the parallel use, in the content of Article 4.7 of the Act, of the terms “authorisation” and “priority right”. According to the position of the Supreme Court, in such a situation, the lessee is entitled only in terms of the acquisition of real estate. In literature and in a number of judgments of common courts, there is also a position according to which the lessee has a claim to conclude a sales contract. The analysis presented in the article leads us to a conclusion that under the regulation of Article 4.7 of the Act of 16 September 2011, the position according to which the lessee shall have priority in the purchase of real estate, is correct.