Dzierżawa nieruchomości rolnych w świetle nowelizacji przepisów kodeksu postępowania cywilnego o egzekucji z nieruchomości
Impact on lease of agricultural property following amendments to the code of civil procedure with respect to the compulsory sale of real property...

Summary/Abstract: O n 5 May 2012 amendments to the Code of Civil Procedure took effect. Article 1002 as amended now permits the purchaser of real property via enforcement proceedings to terminate an existing tenancy agreement encumbering such real property. The amendments in particular weaken the legal rights of long-term agricultural property tenants. Prior to adoption of these amendments, long term tenancy agreements could survive the court ordered sale of real property, meaning that the new purchaser would acquire title subject to the existing tenancy agreement. As of 5 May 2012, however, the purchaser of real property acquired thru court enforcement proceedings is entitled to terminate an existing tenancy agreement, provided that the new owner gives the tenant notice of such termination within one month of the court decision awarding title to the new purchaser, and further that the notice gives the tenant at least one year to vacate. The author argues, however, that amendment of Article 1002 in effect violates the protections historically afforded to tenants by providing for the eventual termination of such tenancy agreement by a new owner who acquires ownership title via a court ordered sale. Contrary to the direction taken by the majority of EU member states, Poland appears to be weakening the protections historically enjoyed by tenant farmers. The author analyzes various legal aspects of the amendment, and in particular whether those tenancy agreements entered into prior to adoption of the new amendments are in fact subject to the new law.

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