The Constitutional Tribunal's judgement of April 23rd 2003 is
of the utmost importance to all who lease real property, irrespective of whether
they are involved in economic activity or not. It confirms the principle of
stability and security that underpins Polish law
The importance of lease and tenancy agreements for our economy
is exemplified by the continuing discussions about the possibilities of
terminating such agreements, if they have been concluded for a definite period
of time.
Doctrine and practice
The standpoints contained in the doctrine and presented in court decisions can
be divided into three basic groups:
1. a restrictive standpoint does not permit the termination of lease agreements
concluded for a definite period of time, irrespective of whether the parties to
the agreement have provided for such a possibility;
2. a liberal standpoint propagates the principle of total liberty in shaping the
content of the agreement. According to such a standpoint, there