Supreme Court allows partial termination of a single perpetual use contract for specific plots used contrary to terms.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court upheld the extraordinary review by the Chief Administrative Court regarding the partial termination of a perpetual use agreement. The City Council sought to terminate the contract only for plots used inconsistently with the agreement, while the Housing Cooperative argued the entire contract must be dissolved. The Court ruled that the technical form of the contract does not legally prevent partial termination when specific plots are misused.
Legislator headnote
AI generatedArt. 240 Kodeksu cywilnego; Art. 26 ust. 2 ustawy o gospodarce gruntami: The administrative authority may issue a decision to partially terminate a perpetual use contract for specific plots if the user exploits them contrary to the agreed purpose, regardless of whether the contract covers multiple plots as a single agreement.