ЗА КОНКУРЕНЦИЯТА МЕЖДУ ПРАВАТА НА СОБСТВЕНИКА И ПОЛЗВАТЕЛЯ НА ЗЕМЕДЕЛСКИ ЗЕМИ ПРИ СКЛЮЧВАНЕ НА ДОГОВОР ЗА АРЕНДА
ОN THE COMPETITION BETWEEN THE RIGHTS OF THE OWNER AND THE BEARER OF A RIGHT OF USE OF AGRICULTURAL LANDS WHEN CONCLUDING A LEASE AGREEMENT

Author(s): Galina Nikolova
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Commercial Law, Administrative Law
Published by: Икономически университет - Варна
Keywords: owner of agricultural land; bearer of right of use; lessee; agricultural rental contract; agricultural land
Summary/Abstract: The report focuses on the requirement for a lease agreement for agricultural land under the Agricultural Tenancy Act to be concluded by the owner as the lessor. However, when a limited real right of use is established on the object of the contract, it is the usufructuary who holds the actual authority over the property, which should be granted to the lessee. In this sense, the competition between the rights of the owner and the user to conclude the contract is analyzed, as well as to what extent the legal requirement that it be the owner does not create competition between the rights of the lessee and the user. Proposals have also been made for possible solutions, including through amendments to the relevant legal provision.

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