Publication details
Domněnka sjednání zemědělského pachtu na dobu neurčitou
| Title in English | Presumption of conclusion of agricultural usufructuary lease for an indefinite period |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Agricultural usufructuary lease; rebuttable presumption |
| Attached files | |
| Description | The Czech Civil Code states in its § 2345 (2) that where a usufructuary lease is stipulated for more than two years and the contract is not concluded in written form, the usufructuary lease is presumed to have been stipulated for an indefinite period. In this article I analyse this provision, I compare it with relevant provisions of the German Civil Code which apperantly served as a source of inspiration to the drafters of § 2345 (2) of the Czech Civil Code, and I argue that it is a defective norm that has no reasonable scope of aplication and that it should be abolished or substantially amended. |