Abstract

The article continues the discussion on institutional lease leading to acquisition of ownership as a new type of residential lease in Polish law. The author analyses the application of Art. 678 and 691 of the Polish Civil Code to the institutional lease leading to acquisition of ownership, i.e. the effects of disposal of the leased item during the term of the lease, as well as consequences of the tenant’s death and the possibility that the persons close to the tenant become parties to the tenancy agreement. The article discusses also the exercise of tenant’s claims in case of landlord’s insolvency as well as the relation between the new provisions of the Tenants Protection Act on institutional lease leading to acquisition of ownership and the “lease with an option to buy” provided for in the Act of 20 July 2017 on National Real Estate Fund.