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Charakter umowy deweloperskiej w nowej ustawie deweloperskiej

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Blajer P. A.

Rejent

2023

issue 3 (383)

108-129

The article deals with a number of theoretical and practical problems relating to the legal nature of the developer agreement, in the form that this contract has received in the new Law of May 20, 2021 on the Protection of the Rights of the Purchaser of a Dwelling or Single-Family House and the Developer's Guarantee Fund. Its primary research objective is to try to answer the question of whether the regulations of this new Law actually dispel previous doubts about the legal nature of the developer agreement. This goal is achieved by verifying the preliminary research hypothesis, according to which the developer agreement should be considered a separate type of contractus nominatus, in accordance with the explicit wording used in the justification of the draft new Law and the position of part of the doctrine. The realization of the research objective also required a brief characterization of the existing doctrinal views on the legal nature of the developer agreement. The conclusions formulated within the framework of the concluding remarks indicate that the assumed research hypothesis, according to which the developer agreement should be considered a separate type of contractus nominatus, seems very problematic. The position that sees in the mechanisms of „developer agreement” a kind of overlay on the whole range of contracts that realize a specific economic purpose does not lose its relevance in the current legal state and should continue to be relevant to the interpretation of the regulations of the new Law.

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1 Rejent

1 Blajer P. A.

1 2023

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Charakter umowy deweloperskiej w nowej ustawie deweloperskiej