Dzierżawa jako popularna instytucja prawa prywatnego w rolnictwie – uwagi historyczne, stan obecny i perspektywy rozwoju

Abstract

The lease, along with ownership, is the legal title of running and organizing farms. The purpose of the article is, first of all, to present the formation of legal regulations concerning the agricultural land lease and factors affecting this process and, secondly, to determine how the conclusion and execution of leases as a civil law institution is affected by the fact that the National Agricultural Support Center is a state legal person. The article begins with the presentation of the evolution and development of the lease regulations, referring to the Napoleon Code, the Code of Obligations of 1934 and the system of protection of small lessees in the interwar period. Then, the Author points out that since the State Land Fund was established, it has been possible to categorize the lease of agricultural land in Poland into, so-called, private and state one. Subsequently, the paper focuses on the Act of 19 October 1991 on the management of agricultural property of the Treasury, implementing regulations to this Act and the regulations of the General Director of National Agricultural Support Center. In the summary, the Author states that the lease has become an integral element of the development and evolution of agricultural law. In particular periods, political, economic and social factors influenced, to a large extent, the formation of legal regulations concerning the agricultural land lease. In comparison with the lease of private agricultural lands, the parties’ freedom to conclude an agreement for lease of real estate from the Agricultural Property Stock of the State Treasury, to determine its conditions and performance has been largely limited. Nevertheless, lease remains a civil law contract.