Abstract

The article offers an original solution of the problem which can occur between the lessor and the lessee, when the lessee has made improvements to the leased object without the lessor’s consent. The proposed solution can help achieve better results as regards the relationship between aforementioned persons and can provide guidance for those who would find themselves in a similar situation in the future.
In my opinion, Art. 676 of the Civil Code should not be applied to improvements of the leased object made by the lessee without the lessor’s consent. The application of this provision can lead to an unjust resolution, especially when the improvements are irreversible, because according to this provision the lessor is obliged to accept the improvements and reimburse their costs to the lessee.
Because of the aforementioned difficulties, the article offers a solution that this kind of improvements which were made by the lessee without the lessor’s consent should be judged according to the provisions on management of another person’s affairs without mandate (negotiorum gestio). The application of these provisions is fully justified by the systemic and axiological interpretation and in light of comparative law arguments. According to the provisions on management of another person’s affairs without mandate, the lessee who has made the improvements of the leased object without the lessor’s consent should be treated as a person who manages another person’s affairs improperly and when they made such improvements in their own interest, the situation should be perceived as an inappropriate intervention in another person’s affairs, which means that the lessee cannot demand any reimbursements for these improvements from the lessor even if such improvements are irreversible.