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Proba oceny warunkow umow dzierzawy na Dolnym Slasku

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The land lease is presently one of basic legal instrument of ownership transformations. However, several factors have to be taken into account to find out whether this form of the ownership can be considered efficient. Surveys have been carried out in order to examine the problem. They concerned length of lease contracts, pre-emption rights and right to expand the leased estate, rental charges and time of their settlement, current assets and movables as well as terms of payment for them and redemption from the rental charges. The data obtained in the study indicate that the future of land lease contracts will depend on the methods and the race of reforms reducing the barriers inhibiting their development. The most important barriers include too high rental charges and too short time of the contracts.
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The goal of this article is to analyze leasing transactions in the selected region of Wielkopolska between 1993 and 1997
One of the major issues that Poland faces today, while making efforts to become a member of the European Community, is the acreage of farmland that requires restructuring. The experience of other countries - members of the European Community shows that a major legal instrument stimulating transformations in the acreage of farmland, is lease of land. At present, the lease of land is considered a basic legal institution of ownership changes. At the same time, however, the present legal structure of lease of land contracts does not meet the requirements of modern agriculture. For this reason, the existing model has tobe modified and up-dated. It is suggested that new legal solutions be based on separate legal regulations solely for the lease of land, which should provide stable regulations and restraints of lessor-lessee relationships. Tue up-dated lease of land model should be based on the experience and legislature of other countries, members of the European Community, and Polish experience of the Agricultural Ownership Agency of the State Treasury.
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One of significant terms of admitting our country to the European Union is improving of land acreage structure in Polish agriculture. In the UE member countries one of the tools for such improvement has become the modernized land lease. The establishment of European Commnunity and their common agricultural policy strongly affected the development of land leasing in member countries. The land lease in the DE countries has been of long-time tradition and some of its forms, e.g. emphyteusis have exists since the Roman period. Apart from the land lease of thousand-year tradition there exist its relatively modern farms in complience with the requirements of agricultural production nowadays. If the land lease is to be a permanent instrument f or management of land resources subjected to the Agricultural Property Agency of State Treasury, then - considering legal regulations of land lease in the UE countries – the leasing agreements of local range or for the specific crop and animal production should be disseminated in Poland apart from traditional forms being in the use till now.
Land lease is the basic legal aid in transformation of state-owned enterprises into private ones and expansion of farm acreage sizes. The study aimed to find to what extent the land lease terms satisfy the needs of leaseholders. For this purpose, a survey (questionnaire) was carried out in Zielona Góra district. The results of survey showed that over 53% of leaseholders are dissatisfied with the terms offered. As the main disadvantages they point out the short-term leasing contracts, too high rental charges and repayments for movables and reserves less than expected.
The neighbour's leases have become a fixed form of farm land use in Poland. Land acreage under new lease contracts increased within 1991-1998 by 75%, from 200 to 350 thousand ha. Thus, an average annual rate of land leasing rise was 0.94%, being close to the rate of average farm acreage increase (0.93%). The rate of neighbour's land lease diffusion was strongly affected by either, macro-economic conditions (low production profitabillity) and wide competitive offer of the State treasury land, observed in 1992-1998 on the market particularly in northern and western regions of the country. The reasons for land leasing were in one-third only connected with the income factors, while in two-thirds dealt with the social and family motives. In 1992-1998 on an average about 100 thousand farms annually took the agricultural land and real estates on lease. At that time the average acreage of land leased under one contract increased by 53.6% from 2.8 to 4.3 ha. Nevertheless, it was still rather small acreage as more 10% lease contracts covered the whole farms, while the remaining 90% dealt with the separate ground plots. The market for neighbour's land leases in Poland retains its rural character and related offers are of very limited reach, less than the local (communal) one. Such a market in Poland has not been monitored and any its social extent, including active assistance of agricultural organizations or local authorities, does not exist. That seems to be an important defect as compared to arable land market in the EU countries.
Land lease contracts have been major legal instruments of ownership changes since the Agricultural Privatization Law came into effect in Poland. However, several factors have to be taken into account to find out whether this form of ownership changes can be considered efficientand profitable. The factors include rental charges, terms of payments, interest rates, exemptions, etc. The rental charges calculated by the Agricultural Ownership Agency of the State Treasury very depending on the asset leased. Such an approach seems to be fully justifiable provided that the values are treated as bottom or minimum rates. New regulations are required for maximum rates which have to be fixed, but varied depending on the region.
Activities of the Regional Department of Agricultural Ownership Agency of the State Treasury are restricted to the following provinces of Lower Silesia: Wrocław, Wałbrzych, Legnica and Jelenia Góra. The data show that the basic form of taking over the state-owned agricultural enterprises is based on land lease contracts, especially in the Wrocław province. In 1997 the surveys were carried out in order to evaluate the land lease contract terms. They showed that 2/3 of the lesse holders are satisfied with development of their farms. However, the lease holders agree that some significant changes in the renewals are required. They point out the length of land lease contracts, rental charges and instalments for current assets and movables.
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Rozwoj i charakter dzierzawy w rolnictwie polskim

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The use of farmland based on the lease has a long history. Emphyteusis existed just in the Roman legal system. It also existed on Poland territory in the pre-partition and partition period, in the 2nd Republic, and Polish People 's Republic; it functions nowadays, being a basic legal instrument in agricultural property restructurization. It played an important role for creating the agrarian structure and farm management. However, the range, nature and functions of this form of farmland management have been continually changing along the history.
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