• When a so called developer contract was made in the notarial deed form, can I pursue its conclusion under Article 390 of the Civil Code?
  • Unfortunately, that is not possible. As it shows from the Supreme Court ruling of 9 July 2003 (IV CKN 305/01), the so-called developer contract is not a preliminary contract. The consequence of this holding is the impossibility for a party to such a contract to bring a claim to conclude the contract under Article 390 § 2 of the Civil Code. In such type of situations, however, one ought to keep in mind the opportunities opened by other acts, the application of which may, in practice, give results similar to judicial execution of a contract on the basis of a preliminary contract made in the notarial deed form.