Replacent execution in a lease agreement
The article concerns the relationship between performance of substitute granted by the general regulations of the Civil Code and detailed regulations in relation to the lease agreement. The author is of the opinion that despite the undeniable relationship of lex specialis – lex generalia inin respect to these regulations, a detailed art. 663 of the Civil Code does not repeal the general art. 480 of the Civil Code, because there is no convergence between them.
Therefore, a creditor – a tenant in the lease also, like any other creditor, is entitled to ask the court to form the legal relationship and held on the substitute execution.
Such a judicial verdict will also give a creditor certainty about which expenditures are necessary, and may even provide them earlier resources gaining essential to perform such a replacement execution. Thanks to it, the creditor will avoid incurring significant, often big, costs on someone else's property.
Joanna Dominowska
Overview of Court, No. 7–8, 2013
