[b][i]Agreements in Accordance with Article 9 of the Property Act vs. Property Developer Agreements[/i][/b]
Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2009, Vol 1, Issue 1
Abstract
The elaboration analyses article 9 of the Act of the 24th of June of 1994 regarding the owning of premises (O.J., 00.80.903 including later amendments), which regulates closing so-called developer agreements. The author, who is an expert in the building industry, presents the discussed regulation from the perspective of law in action, pointing out problems of factual and legal nature with respect to applying the regulation in the economic realities. The analytical text starts with an outline of how the developers industry works, as well as an attempt at defining property developer agreements differently than it has been done in literature on the subject thus far. The author continues with pointing out the flaws in the existing regulation, but he does not just state what the dysfunction of the discussed directive is, he also formulates postulates de lege ferenda, which consist in clearly specifying the indicated issues and a general decrease of rigidity for such types of legal relations.An alternative solution should be, according to the author, a regulation of developer agreements in accordance with the civil code, which is justified by the increasing role of developer agreements in satisfying a fundamental need of a wide scope of people, which is the need of owning a house.
Authors and Affiliations
Piotr Staniec
Keywords
Related Articles
- EP ID EP62268
- DOI -
- Views 94
- Downloads 0
[b][i]Notion of equality - some general comments[/i][/b]
Some Remarks on the Google ECJ Ruling (C-131/12)
A large number of opinions have been expressed about the decision C-131/12. Initially, Google's defeat has been widely welcomed as the giant had suffered a bitter defeat. After a first joy about the containment of Google...
[b][i]Public-Private Partnerships - a Universal Tool for Execution of Public Tasks of Modern States? Comparative Analysis of European and Islamic Approaches [/i][/b]
The paper addresses the challenge of financing public investments through the use of private capital sources across different types of countries. Examples from Poland and the Arabian Gulf states have been analyzed in ord...
Human dignity – an autonomous or a heteronomous feature
The subject of the work is an attempt to analyse the notion of dignity in legal sciences, especially in legal theory and philosophy of law. The author distinguishes autonomous and heteronomous version of the notion in qu...
[b][i]Ecological Security within the European and Polish Environmental Policy[/i][/b]
Threats to the environment are caused by natural disasters as well as by industrial activity. The coex-istence of these threats is the subject of studies on ecological security. This article describes the issues of ecolo...