Selected aspects of the agricultural land lease under public law
Selected aspects of the agricultural land lease under public law

Summary/Abstract: The subject of the considerations is the public law aspects of a lease agreement of agricultural land, particularly the land from the Agricultural Property Stock of the State Treasury. These aspects emerge when the lessor is the National Support Centre for Agriculture and when the object of the lease is a state-owned land, and therefore the process of concluding the tenancy or lease agreement as well as some elements of its performance are based not only on private law but also on public law. The analysis is therefore concerned with those elements of the lease agreement which affect the position of the parties to the lease relationship, such as the process of selecting a potential lessee (tenant), the determination of rentals or the termination of the lease agreement. An important element of a land lease is the entitlement to direct payments that the lessee may collect, on the one hand, and the public burdens in the form of agricultural tax on the other. As shown in the conclusions, however, the public law provisions have been increasingly interfering in the leasehold relationships, which in consequence results in an excessive preference of a public entity in relation to the tenant.

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