Best prices Special offers for members of the PWE book club The cheapest delivery
Prof. zw. dr hab. Janusz A. Strzępka
ORCID: 0000-0003-3563-1542
Full professor, for many years head of the Department of Commercial and Company Law at the Faculty of Law and Administration at the University of Silesia. Professionally associated with legal services for mining entities. One of the arbitrators of the Court of Arbitration. Formerly cooperating within the Civil Law Codification Commission. Author of numerous publications on private law, in particular construction law, company law and commercial law.
DOI: 10.33226/0137-5490.2020.7.1
JEL: K20

The subject of the article are new regulations on construction contract law introduced in the German Civil Code on 1.01.2018 regarding a construction works contract, a consumer construction works contract and a development contract. Various types of works contracts occurring in practice are presented in the article. The amended VOB/B 2016 (Verdingungsordnung für Bauleistungen. Teil B) was also taken into consideration. Particular emphasis was placed on the rights and obligations of the parties, the legal nature of contracts and liability for defects in construction contract obligations. The article is of substantial importance for Polish building contractors working in Germany.

Keywords: construction contract; developer agreement; BGB; German civil law
DOI: 10.33226/0137-5490.2019.11.4
JEL: K20

The subject of the article is the liability for defects of construction services under provisions of German civil law. The discussion  is  focused  on  solutions  adopted  by  German  legislator  in  the  provisions  of  §  633–635  and  §  638  BGB (Bürgerliches Gesetzbuch) and in the VOB/B (Allgemeine Vertragsbedingungen für die Ausführung von Bauleistungen), which latest amendment entered entered into force on 18.04.2016. Particular emphasis was placed on discussing the rights of the orderer for defects in construction works. Due to the significant scope of cooperation between Polish and German construction companies, the presented topics are of not only comparative but also practical legal importance.

Keywords: liability for defects; German civil law; construction works; VOB/B

Full professor, for many years head of the Department of Commercial and Company Law at the Faculty of Law and Administration at the University of Silesia. Professionally associated with legal services for mining entities. One of the arbitrators of the Court of Arbitration. Formerly cooperating within the Civil Law Codification Commission. Author of numerous publications on private law, in particular construction law, company law and commercial law.