Determinanty trwałości gospodarowania na dzierżawionych gruntach rolnych w Polsce na tle wybranych państw Europy Zachodniej

Abstract

In Western Europe the lease is the dominant form of land management in agriculture. This is not only due to the tradition of this institution, but also to the scope of the regulations that guarantee the stability of the legal relationship and ensure the independence of the lessee in production process based on the subject of the lease. This article attempts to assess the instruments for the protection of farming on leased agricultural land in Poland in comparison with solutions applicable in after countries of Western Europe. In this paper, a review of regulations relating to the length of the lease, the obligation to care for the preservation of the quality of the resource, as well as the criteria for determining the amount of the rent, is examines . On this basis, it has been shown that the regulations determining the stability of the lease in Poland deviate far from the norms provided in most Western European countries. This implies that the legal position of a lessee in Poland is weaker than it is in the rest of Western Europe, which is a negative assessment from point of view the of agrarian structure in Poland.