Possibility to terminate the contract of the rent-free use of arable land without the notice period due to failure to settle the tax obligation

Abstract

The study discusses the issue of a contract of the rent-free use of agricultural land (Article 708 of the Civil Code 1964). Particular attention has been paid to the possibility of terminating the contract without notice period due to failure to settle the tax obligation. The admission of the provisions on the failure in paying rent to the contract for the rent-free use of arable land means that the lack of payment of taxes or other burdens related to the ownership of real estate, which is the equivalent of not paying the rent in the lease contract, authorizes the termination of this contract. The author shares the view formulated in the decisions of the Supreme Court that Article 703 of the Civil Code (1964) is a provision of a relatively binding nature. As a consequence, adopting the above position leads to the conclusion that the contract may be terminated even without the notice period if the parties to the contract have differently regulated the effects of delay in payment of these benefits than is stipulated in Article 703 (1964).