scholarly journals Protection of the Weaker Party to a Property Development Contract under Polish Law. Implementation of the Model of the State’s Protective Duties in Practice

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 147-157
Author(s):  
Monika Florczak-Wątor

[full article and abstract in English] This study examines the mechanism of the protection of customers of property developers that was introduced into Polish legal system by the Property Development Act adopted on 16 September 2011. Those customers are the weaker party to a property development contract that should be protected by the State. The article presents the very concept of the Polish property development contract, its substance and legal forms as well as its practical aspects. This issue of the protection of customers of property developers is of a great importance not only in Poland but also in other European countries that have experienced a boom in the real estate market in the last decade. The article discusses also the issue of the compatibility of the Property Development Act with the model of the State’s protective obligations in horizontal relations that has been established under the Constitution of the Republic of Poland of 2 April 1997. The paper concludes by presenting some postulates of amendments to the Property Development Act submitted by consumer organizations, industry representatives and entrepreneurs as well as a very comprehensive draft of the amendment presented in May 2018 by the President of the Office of Competition and Consumer Protection. This draft is currently at the stage of inter-ministerial consultations and it is difficult to foresee whether the new solutions will be adopted by Parliament in such a form.

2021 ◽  
Vol 64 (04) ◽  
pp. 513-532
Author(s):  
Melita Ulbl ◽  
Andraž Muhič

The proper and unambiguous reporting of the real estate market is one of the main requirements for ensuring its transparency. Reporting on the prices of real estate realised on the market is a special challenge here. For this purpose, averages are generally used, requiring both the reporter and the reader to be well acquainted with the rules of individual types of averages on the one hand and the specificities and heterogeneity of the real estate market on the other. In this paper, we present the specifics of individual mean values that can be used for this purpose. These characteristics are analysed in more detail and presented in the case of the Slovenian housing market. The purpose of this paper is to present the dilemmas faced in Slovenia when reporting on real estate prices on the market and present the solutions that the Surveying and Mapping Authority of the Republic of Slovenia will begin to introduce in its reports on the real estate market.


2019 ◽  
Vol 18 (1) ◽  
pp. 173-194 ◽  
Author(s):  
Alison L. Bain ◽  
Loren March

This article offers a multiscalar, sociohistoric account of the spatial struggles of Toronto artists from 1970 until the present to secure affordable living and work space downtown that foregrounds the contemporary role of the cultural philanthropist–developer. It argues that the cultural capital of artists to identify and embody authenticity facilitated temporary spatial claims that supported the development of a local art scene on Queen Street West, but one that became dependent upon, yet vulnerable to, the sociospatial unevenness of cultural philanthropy. Benevolence in arts and culture is not distributed evenly across time and space. Instead, as the case study of the 401 Richmond arts hub reveals, benevolence in its alliances with the real estate market and property development is concentrated in individualized commitments to particular neighborhoods, buildings, and local relationships, which temporally and operationally constrains its policy–transforming potential.


2017 ◽  
Vol 21 (1) ◽  
pp. 93-96
Author(s):  
Vibhava Srivastava

This is an analysis for the management case of Eastern Housing Limited (EHL), Bangladesh. The premise of the case is that EHL having enjoyed market leadership of nearly 40 years has now started facing heat in the real estate market of Bangladesh. EHL has lost its leading position to East West Property Development Pvt. Ltd (EWPDL) which commands 30 per cent market share in the year 2015, whereas EHL holds approximately 20 per cent market share, inclusive of sales across different offerings in the real estate market. The reported compound annual growth rate (CAGR) of EHL (12.77 per cent) in the year 2015, however is much better than the industry (real estate renting and business services) CAGR of 4.4 per cent. But the upcoming years are going to be tough for EHL as competition is likely to intensify. The immediate focus of EHL is how to increase the market share though in long-run EHL wants to sustain and consolidate its position in the market. The analysis starts with situation analysis and ends with recommending future course of action for short-term vis-a-vis long-term perspectives.


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