Abstract

The text addresses the issue of qualifying Art. 703 of the Civil Code as a dispositive or peremptory norm. It is built on the Supreme Court resolution of 11 October 2012 (III CZP 52/12), which resolved a long-term controversy in the case-law as to the optionality of the regulation on termination of a lease agreement laid down in that provision. The article attempts to trace back the reasons underlying the fundamental division of views as to the interpretation of and setting points of reference in construing Article 703. Thereby, it attempts to contribute to a more precise conceptual framework for distinguishing between dispositive and peremptory norms and determining the degree of flexibility of the latter.