LEGITYMACJA WSPÓLNOTY MIESZKANIOWEJ W ZAKRESIE DOCHODZENIA ROSZCZEŃ Z TYTUŁU RĘKOJMI ZA WADY FIZYCZNE NIERUCHOMOŚCI WSPÓLNEJ
Loading...
Date
2005
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
LEGITIMATION OF A HOUSING COMMUNITY (CONDOMINIUM) TO MAKE WARRANTY CLAIMS FOR DEFECTS IN THE COMMON PROPERTY
Abstract
The paper deals with issues related to the legitimation of a condominium to claim damages
under a warranty for defects in the common property, arising from individual contracts of sale. The
main issue discussed is who has the right to claim damages: the individual owners of flats, seeking
their rights as arising from general provisions, or the housing community (the condominium as
such), on the basis of its rights arising from a joint management of common property. In other
words, whether the condominium may claim damages despite the fact that those claims arise from
individual contracts of sale. This issue is new in Polish literature, and similar problems are treated
and solved differently in different legal systems, especially in the German and Swiss systems.
Each of those solutions has certain advantages and disadvantages because the individual’s and
group’s interests are always difficult to match and solve. However, the analysis of Polish regulations
suggests that the Swiss solution, preferring the individual’s interest, should be adopted. In
that solution, legitimation to claim damages under a warranty goes only the individual purchasers,
or owners of flats. The housing community (condominium) would be authorised to claim damages
only if such claims have been acquired by it by way of a transfer of such rights.
Description
Sponsor
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 67, 2005, z. 4, s. 117-131