The admissibility and the effects of an entry of a purchasers claims in the land and mortgage register organised for a real estate which does not belong to a developer

The paper covers the admissibility and the effects of an entry of a purchaser's claims in the land and mortgage register organised for a real estate which does not belong to a developer. In a simple case of a sale of a real estate the entry in the land and mortgage register is inadmissible if the sale pertains to a real estate which is not owned by a seller. However according to specific provisions of the Notary Law and the Act on Protection of Rights of Buyers of Residential Units and Single-Family Houses of 16 September 2011 (better known as “the Developers Act”) in case of development agreements such entries may be admissible and – more importantly – are supposed to be protecting the weaker party of a development contract, i.e. a purchaser. The paper presents the opinion, that in such a case the only effect of an entry should be a stipulation of a priority for a claim – it is then argued that a purchaser's claim cannot be better protected until developer acquires a real estate (to which the purchaser's claim pertains). From a development agreement derive a claim of a purchaser against a developer for construction of a flat or a house and a claim to transfer its ownership. When it comes to the first one, it is also disputable what are the effects of an entry of such a claim in the land and mortgage register for third parties (especially acquirers of an ownership other than the aforementioned purchasers). Pursuant to the viewpoint presented in the paper the entry of such a claim results only in the obligation of an owner (secondary to a developer) to endure the acts of a developer to satisfy this claim, i.e. construct a building. An owner is never obliged to construct a building though (it is also not a statutory cumulative assumption of a debt).