Termination of the Leasing Agreement by Mutual Agreement of the Parties and the Provision of Article 709 (15) of the Civil Code. Gloss to the Resolution of the Supreme Court of October 26, 2023, III CZP 34/23

Abstract

The subject of the study is an attempt to analyze the resolution of the Supreme Court of October 26, 2023, III CZP 34/23, in which it was found that if the leasing agreement was terminated by mutual agreement of the parties, the provision of Article 709¹⁵ of the Civil Code shall not apply, unless the parties agreed otherwise. This is an important issue not only from a theoretical, but above all from a practical point of view.