Abstract

The subject of the article is the scope of application of article 678 § 1 of the Polish Civil Code which provides that if a leased thing is disposed during the lease period, the acquirer replaces the lessor as a party to the lease contract. The author enlists the situations in which the rights and duties are transferred from the former lessor to the acquirer. He discusses the consequences of a disposal of a part of a thing, a share in co-ownership and a property complex which includes the leased thing. Special attention is dedicated to the question of the acquirer’s knowledge of the existence of the lease contract. The author is of the opinion that the purchaser of real estate who did not know of the existence of the lease contract and having exercised due care could not have learned about it, does not become a party to the lease contract because they are protected by the provisions concerning the principle of public credibility of land and mortgage registers.