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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Format: | Article |
Language: | English |
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Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań
2013-06-01
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Series: | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
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Online Access: | https://pressto.amu.edu.pl/index.php/ppuam/article/view/6235 |
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author | Jakub Jóźwiak |
author_facet | Jakub Jóźwiak |
author_sort | Jakub Jóźwiak |
collection | DOAJ |
description | 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. |
first_indexed | 2024-04-09T16:04:45Z |
format | Article |
id | doaj.art-0a12a73371784ac19f921532aaef0922 |
institution | Directory Open Access Journal |
issn | 2083-9782 2450-0976 |
language | English |
last_indexed | 2024-04-09T16:04:45Z |
publishDate | 2013-06-01 |
publisher | Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań |
record_format | Article |
series | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
spelling | doaj.art-0a12a73371784ac19f921532aaef09222023-04-25T06:42:20ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762013-06-01210.14746/ppuam.2013.2.02Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspectsJakub Jóźwiak0Uniwersytet im. Adama Mickiewicza w PoznaniuThe 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.https://pressto.amu.edu.pl/index.php/ppuam/article/view/6235renewable energywind farmsleasefructus |
spellingShingle | Jakub Jóźwiak Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspects Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza renewable energy wind farms lease fructus |
title | Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspects |
title_full | Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspects |
title_fullStr | Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspects |
title_full_unstemmed | Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspects |
title_short | Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspects |
title_sort | agreement on the use of land for the construction and operation of renewable energy installations selected legal aspects |
topic | renewable energy wind farms lease fructus |
url | https://pressto.amu.edu.pl/index.php/ppuam/article/view/6235 |
work_keys_str_mv | AT jakubjozwiak agreementontheuseoflandfortheconstructionandoperationofrenewableenergyinstallationsselectedlegalaspects |