Recording the Termination of a Farmland Lease Agreement Cover Image
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Вписване на прекратяването на договора за аренда на земеделска земя
Recording the Termination of a Farmland Lease Agreement

Author(s): Zlatimir Orsov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: lease; recording

Summary/Abstract: The termination of a farmland lease agreement constitutes cessation of the existence of the legal relationship arising from the said agreement, including the cessation of the lessee’s right to use the leased farmland. Art. 27, para. 1 of the Farm Lease Act explicitly requires that the fact of termination of the farmland lease agreement be recorded, irrespective of the grounds on which the termination has occurred. However, neither the Farm Lease Act nor any other legislative act expressly indicates those acts which, either giving rise to the termination or just certifying it, must be recorded. Because of that, the practice of the Supreme Court of Cassation in the field of recording the termination of farmland lease agreements is contradictory.It is through interpretive reasoning that a rule is deduced, namely that where the law explicitly provides for the recording of a certain fact (circumstance) but does not explicitly provide for recording the act that gives rise to or certifies the said fact (circumstance), what must be recorded is the written act which is able to give rise to or certifies the existence of the fact (circumstance) that is subject to recording. On the basis of this rule, as well as on the basis of the effect of a mere announcement that the recording of a lease agreement termination has, and on the basis of point 6 of Interpretative Decision No. 7 dated 25 April 2013 of the Plenary Session of the Civil and Commercial Colleges of the Supreme Court of Cassation, the article indicates the specific acts that must be recorded in the book under Art. 33, subpara. “b“ of the Record Rules in each of the various possible modes of terminating a farmland lease agreement.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 75-93
  • Page Count: 19
  • Language: Bulgarian
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