The institution of entering into a lease of a dwelling after the death of the current tenant (Art. 691 of the Civil Code) in the light of the jurisprudence

Abstract

The aim of this study is to explain how an institution can enter into a lease after the death of the tenant in accordance with Art. 691 of the the Polish Civil Code. The author tries to clarify the wording of Art. 691, which raises questions of interpretation on the basis of case law. In particular, the author undertook the examination of the conditions for entering into the rental relationship of a dwelling after the deceased tenant. Subsequently, the focus was on approximating the premises covered by this standard, then on clarifying the terms “residence” and “other persons to whom the tenant owed maintenance,” and on actual cohabitation with the tenant. The legal proceedings relating to the regulation in question are dealt with next, while the final part describes the possibility of terminating the contract by the rightholder and briefly refers to the provision of Art. 691 para. 5 of the Civil Code.