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

Author

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  • Jacek Motyka

    (Uniwersytet Gdański)

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.

Suggested Citation

  • Jacek Motyka, 2016. "The Relation between the Indexation Clause and the Lessor’s Entitlement to Terminate the Amount of Rent in Commercial Lease Agreements," World of Real Estate Journal (Swiat Nieruchomosci), Fundacja Uniwersytetu Ekonomicznego w Krakowie, issue 96, pages 69-74, June.
    • Handle: RePEc:kra:journl:y:2016:i:96:p:69-74
    DOI: 10.14659/worej.2016.96.10
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    More about this item

    Keywords

    commercial lease; lease agreement; indexation; termination of rent;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • R33 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Real Estate Markets, Spatial Production Analysis, and Firm Location - - - Nonagricultural and Nonresidential Real Estate Markets
    • R39 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Real Estate Markets, Spatial Production Analysis, and Firm Location - - - Other

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