Judicial authorization to replacement execution in the lease agreement

Gloss to the Supreme Court judgment of 14.12.2011. (I CSK 122/11). A sentence commented in this gloss is an important statement of the Supreme Court concerning relation between replacement execution granted by the general regulations of the Civil Code and particular regulations in relation to the lease agreement. 

The author is of the opinion that despite the undeniable relationship of lex specialis – lex generalia with respect to these provisions, a special art. 663 of the Civil Code does not repeal the general art. 480 of the Civil Code, because there is no contradiction between them.

Therefore, a creditor – the tenant in the lease also, like any other creditor, is entitled to ask the court to form a legal relationship and enter judgement about the replacement execution. Such a judicial verdict will also give the creditor certainty as to which expenditures are necessary, and may even provide earlier procuration of the resources needed to perform such a replacement, thanks to it the creditor will avoid, often big, costs on someone else's property.


Joanna Dominowska
Gloss. Economic law in verdicts and comments, No. 3 (156), 2013