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Dr Małgorzata Agata Panek
ORCID: 0000-0002-9275-6838

Dr Małgorzata Agata Panek

PhD in legal sciences, assistant professor at the Department of Political and Security Sciences of the Faculty of Humanities and Social Sciences of the Mazowiecka Public College in Płock, partner at the Panek Law Office in Płock, member of the Płock Scientific Society, author of numerous publications in the field of real estate, agricultural, forestry and civil law.

 
DOI: 10.33226/0137-5490.2024.12.4
JEL: K40

Termination or expiration of the real estate lease agreement for a photovoltaic farm results in the losing by the lessee the right to use the leased land and collect benefits from it. The terminated legal relationship of lease gives rise to the lessee's obligation to return the item, which should take place either in the condition specified by the parties in the concluded lease agreement or pursuant to Art. 705 of the Civil Code. The obligation to return the real estate is accompanied by a number of factual and legal activities performed by the lessee. Depending on their scope, the return obligation may aim to restore the land to its previous condition, including broadly understood land recultivation and restoration of its previous purpose, or limit the scope of the lessee's activities to restoring the original condition, taking into account, however, the wear and tear of the property resulting from the location of a photovoltaic farm on it and using the land in accordance with the concluded contract. The aim of the article is to consider the obligation to return real estate in terms of entities obliged to implement it, the deadline and the scope of its implementation.

Keywords: lease agreement; photovoltaic farm; return obligation
DOI: 10.33226/0137-5490.2020.11.5
JEL: K400

The aim of the article is to evaluate the legal solutions adopted in the Act of 13 February 2020 amending the Construction Law and some other acts in the field of legalization of unauthorized construction. The cited Act is another example of the legislator's activities aimed at reducing the number of illegal constructions in Poland. Contrary to the regulations which is currently in force, the Act creates a single, clear legalization procedure, introducing, at the same time, unknown construction law, simplified procedure for legalization the so-called old illegal constructions. Legalization is still a phenomenon negatively assessed by the legislature, combined with the obligation to pay the legalization fee. The Act lacks solutions improving the detection of illegal constructions and the execution of demolition orders. Justified juridical doubts, in the aspect of compliance with the principle of equality before the law, are also caused by the formulation of provisions devoted to the legalization of illegal constructions, in which 20 years have passed at least since the construction was completed.

Keywords: illegal construction; building object; legalization