Długoterminowy najem i dzierżawa nieruchomości
Long-term lease of land

Summary/Abstract: This paper discusses problems bound with concluding long-term leases of land under the limits set forth in Articles 661 and 695 of the Polish civil code (“PCC”). PCC creates limits for the fixed-term lease agreements. Depending on the type of lease agreement (only to use the leased object or to use it and to receive profits from the fruits of the property) and character of the parties entering into contract (entrepreneur or consumer) those limits vary between ten and thirty years. After that period fixed-term tenancy is automatically transformed into tenancy at will. The main aim of this paper is to show that in case of many real estate investments such time limits (i.e. Article 661 and 695) create unnecessary restrictions. It also presents practical solutions that may be helpful in customizing governing legal regime in that field towards individual needs of lessees (investors) and lessors (owners of land).

• Details
• Contents