| Autor: |
Joanna Wiak |
| Jazyk: |
angličtina |
| Rok vydání: |
2019 |
| Předmět: |
|
| Zdroj: |
Studia Iuridica Lublinensia, Vol 28, Iss 4, Pp 137-151 (2019) |
| Druh dokumentu: |
article |
| ISSN: |
1731-6375 |
| DOI: |
10.17951/sil.2019.28.4.137-151 |
| Popis: |
This article covers an analysis of selected problems of the deposit in the leasing contract on the grounds for Article 6 of the Act of 21 June 2001 on the protection of occupants’ rights, the municipal housing stock and the amendment of the Civil Code. The initial research focuses on the notion and purpose of the deposit. The key issue is the consideration of the basis for the application of this legal act to the contract of leasing of a premises. The author assumed a thesis on its application, which may be supported both by the linguistic, systemic and teleological interpretation. The fundamental issue is also the determining of the legal nature of the deposit. The correct determination of this nature has significant legal consequences for the parties to a contract of leasing. This is a multi-faceted issue that should be dealt with on a case by case basis. The deposit is certainly a kind of collateral for claims of a tangible nature and its payment is a condition precedent to the conclusion of a leasing contract. The article also discusses the regulations on the object secured by the deposit and prohibitions on charging it. Due to the character (nature) of the leasing relationship, they are applicable to the premises leasing contract with significant modifications. |
| Databáze: |
Directory of Open Access Journals |
| Externí odkaz: |
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