The Relation between the Indexation Clause and the Lessor’s Entitlement to Terminate the Amount of Rent in Commercial Lease Agreements Cover Image

Klauzula waloryzacyjna w umowach najmu komercyjnego a uprawnienie wynajmującego do wypowiedzenia wysokości czynszu
The Relation between the Indexation Clause and the Lessor’s Entitlement to Terminate the Amount of Rent in Commercial Lease Agreements

Author(s): Jacek Motyka
Subject(s): Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Civil Law
Published by: Fundacja Uniwersytetu Ekonomicznego w Krakowie
Keywords: commercial lease;lease agreement;indexation;termination of rent

Summary/Abstract: The article raises the issue of two ways in which the rent may be changed during the course of the lease relation – the indexation clause and the termination of rent pursuant to Article 6851 of the Civil Code. Through the analysis of law the Author interprets the purpose of both aforementioned regulations and examines the relationship between them in order to answer if and when the inclusion of the indexation clause in a commercial lease agreement may automatically result in excluding the lessor's entitlement to terminate the current rent. The emphasis is put on the market conditions and their variety, as both regulations respond to different market demands.

  • Issue Year: 2016
  • Issue No: 96
  • Page Range: 69-74
  • Page Count: 6
  • Language: Polish