Ustawowe postaci mieszkaniowego rachunku powierniczego – rzeczywista czy pozorna wielowariantowość środków ochrony zapewnianej nabywcom zawierającym umowy deweloperskie?
Statutory Variants of Housing Trust Account – Actual
or Apparent Multi-Variants of Protection Measures
Provided to Buyers ConcludingD eveloper Contracts?
Author(s): Bartłomiej GlinieckiSubject(s): Civil Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Summary/Abstract: The article presents reflections on the practical use of the four variants of the housing trust account specified in the Act on the Protection of Rights of the Buyer of Housing Units or Single Family Homes. When confronting the legal structure and characteristics of each variant with the legitimate expectations of developers, banks conducting these accounts and buyers, one can argue that the degree of their dissemination will vary and their practical application will de facto determine the use of only one of them. The above thesis has been supported by market research showing that out of four statutory variants one is most popular and two are not used at all. At the same time, it is not difficult to notice a specific shape of the catalog of statutory variants of housing trust accounts, which is based on hedging instruments offered exclusively by banks, which is an exception in comparison to other similar regulations. This may cause the actual domination of banks in relations concerning the implementation of such safeguards, which may be detrimental to the interests of developers and potentially also buyers.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2017
- Issue No: XXXVIII
- Page Range: 153-164
- Page Count: 12
- Language: Polish