Bauträgerverträge im deutschen und polnischen Recht

A contract with a property developer is a proven and widespread form of property acquisition for the German and Polish real estate market. The distinctive feature of this contract is that a developer sells real estate that is still to be built. Furthermore, the promised transfer of the property right in a building is only granted to a purchaser after construction work has been completed and after a purchase price has been paid. Both legislators have employed different regulatory methods under the civil law in Poland and under the public law regulatory approach in Germany. The focus of this study was on the legal basis, conclusion and the content of a contract with a developer taking into account form requirements, information requirements, notarization issues, contractual obligations and typical contractual risks. In addition to that, the practical relevance of this study resulted from the presentation and evaluation of security measures in favor of a purchaser and different approaches of the two legal systems in the bankruptcy of a developer.