Monitor Prawniczy

no. 16/2016

Standard contracts and prohibited clauses in the market practice of developers

Ilona Szczepańska-Kulik
Doktorantka w Instytucie Prawa Cywilnego na WPiA Uniwersytetu Warszawskiego.
Abstract

The development market, as other markets providing large scale services, makes use of standard contracts. Because of the legal nature of development contracts potential influence of the buyer on the contractual terms and conditions is very restricted. The extent of possible changes is usually limited to those elements which have an individual character, that is the price, selection of associated premises, how the object of the contract is to be finished or availability of parking space. In January 2014, the Competition and Consumer Protection Office published a report based on the review how standard contracts are used by developers in B2C transactions and practices related with the implementation of duties imposed by the Act of 16 September 2011 on protecting the rights of the buyer of a housing unit or a single-family house. The results of the report inspired the author to analyze the standard development contracts functioning in the market in the context of using clauses which were considered prohibited in the report or practices infringing on collective consumer interests.