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Dr hab. Bartłomiej Gliniecki
ORCID: 0000-0003-0231-4903

Dr hab. Bartłomiej Gliniecki, prof. UG

Professor at the University of Gdańsk, author of more than 50 papers on civil law and commercial law published in Polish and English, including monographs: Umowa deweloperska. Konstrukcja prawna i zabezpieczenie wzajemnych roszczeń stron (2012), Mieszkaniowy rachunek powierniczy. Analiza cywilnoprawna (2018), as well as articles Mandatory and default rules in Polish company law (https://doi.org/10.46282/blr.2020.4.1.164) and Report on corporate governance in State-owned enterprises — the Polish perspective.

 
DOI: 10.33226/0137-5490.2022.6.2
JEL: K20

Liability under the guarantee may constitute one of the grounds for a request by the buyer of a flat or single-family house to repair the property or its part. The permissibility of granting a guarantee by the developer is not obvious due to the lack of reference to such a basis of liability by specific provisions applicable to developer contracts. In addition, it should be noted that the developer contract does not constitute a sale contract, therefore the provisions on the warranty on sale will not directly apply. Doubts may arise from the legal nature of the transfer of possession of the guarantee documentation in the context of the developer transferring his guarantee rights to the buyer of a residential real estate.

Keywords: developer; warranty; sales contract; developer contract; defects