Protection of tenants' rights and enforcement of a decision on the adjudication of ownership

Abstract

The purchase of premises at auction as primary acquisition benefits from a simplified procedure for taking possession of the premises and vacating them without the need to file a separate lawsuit for eviction. On the other hand, there is the debtor who is the tenant. This situation requires an examination of whether the rights of both parties are adequately protected. The authors are looking for an answer to the question whether the debtor with the status of a tenant is entitled to the protection provided for in the act on the protection of tenants' rights and whether he/she has an effective tool for its implementation. They also attempt to assess whether the level of protection granted to debtors of auctioned premises granted in Article 1046(4) of the Code of Civil Procedure is sufficient. The topicality of the problem is indicated and encouraged by the observation of practice, the pro-tenant interpretation of Article 791(3) of the Code of Civil Procedure presented by the Supreme Court in its resolution of 8 December 2017, III CZP 75/17, as well as by the amendment of the Act on the Protection of Tenants' Rights as of 21 April 2019 and by the draft amendments to the Act on the Protection of Tenants' Rights prepared by the Parliamentary Committee on Petitions. The authors provide a linguistic, systemic and purposeful interpretation of the regulation making up Art. 791, 999, 1046 of the Code of Civil Procedure and Art. 14 and 35 of the Act on the Protection of Tenants' Rights. They make a critical analysis of the above-mentioned resolutions of the Supreme Court and analyse other statements of the judicature, including common courts, and doctrines arising on the basis of this problem. The results of the research carried out are de lege ferenda proposals, which are to encourage further reflection and discussion on the question about the need for change.