Monitor Prawniczy

no. 24/2015

Allotment lease

Anna Sylwestrzak
Autorka jest doktorem habilitowanym nauk prawnych, adiunktem w Katedrze Prawa Cywilnego na Wydziale Prawa i Administracji Uniwersytetu Gdańskiego.
Abstract

An allotment lease is now the basic legal title to use an allotment garden which upon the coming into force in 2014 of the Act on Family Allotment Gardens of 13.12.2013 replaced the obligational rights to use the allotments set under the previous legal regime. The specificity of this new law is due to the functions of family allotment gardens specified in the Act. The right has been formulated as unilateral in principle, oriented at satisfying personal consumption and recreational needs, the subject of which when trying to dispose of their right does not fully enjoy the autonomy of will since the gardening association retains the right to select the buyer. Despite it vagueness pointed out in the article, the detailed regulation of the legal relationship between allotment users and the gardening association deserves a positive assessment.