Katalog uprawnionych do wstąpienia w stosunek najmu lokalu mieszkalnego w okresie Polskiej Rzeczypospolitej Ludowej
The Catalogue of Persons Entitled to Succeed to a Residential Tenancy during the Polish People's Republic

Summary/Abstract: This article concerns the issue of the death of a tenant of a residential premises. In such a case, the lease agreement does not expire, but is continued with the participation of the legal successors of the deceased tenant. There is a regulation in Polish law according to which persons living with the tenant become parties to the contract. The scope of these people has changed in the past and this publication is devoted to presenting these changes. The author focuses on the period of the Polish People’s Republic (1945–1989), which had elements of an authoritarian state. This authoritarianism was manifested, among other things, in the limitation of individual rights, control of property, and in the subordination of the judiciary to state goals. The question arises to what extent these general conditions influenced the understanding of traditional civil law. Regarding the examined issue of entering into a tenancy relationship, these factors (limitation of individual rights, ownership control, subordination of private court procedures to state goals) led to a gradual increase in the list of persons entitled to live in the premises after the death of the tenant. The author of the article tries to prove this thesis by referring to the successively introduced legal regulations, as well as the way they were understood in the legal theory and case law. The study primarily uses the formal and dogmatic method to interpret the applicable rental regulations. Additionally, the historical and legal method was used, presenting factors influencing the content of regulations in force in the past and the way they were understood.

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