How can the lessor terminate the agricultural land lease agreement? What is the order?

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13.07.2023 20:47 481

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Photo of sikorsky.y.o Yaroslav Sikorsky

Unilateral termination of the land lease agreement is not allowed, unless otherwise provided by law or the terms of the agreement itself. The legislation of Ukraine defines two ways of early termination of the land lease agreement: by agreement of the parties; by court decision.

In the event of termination of the land lease agreement by agreement of the parties, each party has the right to demand compensation from the other party for damages incurred in accordance with the law.

According to Art. 32 of the Law of Ukraine "On Land Lease" at the request of one of the parties, the land lease agreement may be prematurely terminated by a court decision in case of non-fulfillment of obligations by the parties provided for in Art. 24 and 25 of the Law of Ukraine "On Land Leasing" and the terms of the contract, in case of accidental destruction or damage of the lease object, which significantly prevents the use of the land plot provided for in the contract, as well as on the grounds determined by the Land Code of Ukraine and other laws of Ukraine.

Termination of the contract through the court is implemented by filing an appropriate lawsuit with the court arguing the grounds for determining the lease contract to be invalid.

The contract will be considered prematurely terminated from the date specified in the text of the additional agreement signed by the parties or from the date of entry into force of the court decision.

14.07.2023 09:09

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