Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspects

The paper presents an analysis of the legal nature of an agreement on the use of land for the construction and operation of renewable energy installations, especially wind farms. In particular, it focuses on the legal significance of the Supreme Court judgment of 5 October 2012 (IV CSK 244/12), whic...

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Bibliographic Details
Main Author: Jakub Jóźwiak
Format: Article
Language:English
Published: Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań 2013-06-01
Series:Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza
Subjects:
Online Access:https://pressto.amu.edu.pl/index.php/ppuam/article/view/6235
Description
Summary:The paper presents an analysis of the legal nature of an agreement on the use of land for the construction and operation of renewable energy installations, especially wind farms. In particular, it focuses on the legal significance of the Supreme Court judgment of 5 October 2012 (IV CSK 244/12), which ruled that such an agreement cannot be regarded as a  lease. The author seeks to identify the possible practical consequences of this judgment and propose legislative measures to ensure the sustainability of such agreements, and thus the investments which go with them as well as to analyze the legal term fructus in the civil law in the context of this judgment.
ISSN:2083-9782
2450-0976