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Beata Grabowska

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Aleksandra Urbańska

The new Developer Act has not yet entered into force, yet it already raises many doubts

On April 25, 2022, we took part in a scientific debate organized by the Association of Notaries of the Republic of Poland.

The subject of the debate was the new Developer Act—its new solutions, challenges, and problems. The conference was attended by prominent figures from the legal community, including Professor Adam Bieranowski (University of Warmia and Mazury), Professor Zygmunt Truszkiewicz, and Konrad Płochocki – Director General and Vice-President of the Polish Association of Developers. Judges of the Supreme Court and academics also participated in the event.

An analysis of the key provisions of the Developer Act itself leaves no doubt that it is poorly drafted and will, in practice, give rise to numerous problems. Drafting a valid development agreement in accordance with the new law will be complicated (if not impossible), and the issues that are certain to arise under this Act will most likely need to be resolved by the common courts.

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