Abstract

The glossator discusses the Supreme Court resolution of 28 November 2012, file no. 65/12, which for the first time allows for the possibility of entering into a tenancy relationship by a homosexual partner under Art. 691 § 1 of the Civil Code. The gloss emphasizes the meaning of the adjudication for the rapidly changing social relations, and at the same time describes the meanders by which this position took shape in the jurisdiction of the Supreme Court and in legal literature. Commenting on the Supreme Court resolution the glossator details the justification for the need to refer to the supreme rule of a democratic state, i.e. the principle of equality before the law and the ban on discrimination because of sex or sexual orientation. In glossator’s opinion, this principle is also the best measure to be selected by the Supreme Court to assess the transfer of the tenancy right to a homosexual partner as it frees the issues of same sex partnerships from the disputes based in Art. 18 of the Constitution.