Правна класификация на договора за аренда на земеделска земя според характерната престация
Legal Classification of the Agricultural Land Lease Contract According to the Characteristic Performance

Summary/Abstract: The characteristic performance of an agricultural land lease contract consists in providing long-term acquisition of the yields from the agricultural land leased for a long period of time (at least five farming years). This performance distinguishes the lease contract from an agricultural land tenancy contract, the characteristic performance of which consists in providing the temporary use of the agricultural land: the tenant benefits from the land’s useful property of sustaining the life of plants and supplying them, throughout the cycle of vegetation, with the necessary quantities of absorbable nutrients and water; however, the tenant acquires the yields from the agricultural land pursuant to a contract with the landlord for their being sold as future non-specific items rather than pursuant to the tenancy contract. Due to its soil, agricultural land is a natural asset – an argument based on Art. 1 (2) of the Soils Act. This legal characteristic distinguishes the agricultural land lease contract from the lease contract for other fruit-bearing items under Art. 1 (3) of the Agricultural Lease Act, which are only movable ones and do not constitute natural assets. Mineral water, forests, subsurface resources, biological, mineral and energy resources, including those in the continental shelf and the exclusive economic area, are natural assets as well – § 1, point 10 of the Supplementary Provisions of the Concessions Act. In respect of each of these, the Bulgarian legislation in force provides for a long-term contract under which a person who does not own the natural asset may obtain yields from it: he/she may split parts of the natural asset and acquire the ownership right over them: the woodland property lease contract, the concession agreement on extraction of subsurface resources, the concession agreement on extraction of mineral water, and the concession agreement on extraction from biological, mineral and energy resources, including those in the continental shelf and the Black Sea exclusive economic area. Along with the agricultural land lease contract, these contracts belong to a special type of contractual agreements the characteristic performance of which consists in providing long-term acquisition of the yields from natural assets. The types of agreements of this kind differ from each other by the type of natural asset from which the extraction takes place.

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