Article 191. Identification of Losses Caused to Participants in Shared Construction

When establishing the amount of the shareholder's monetary claim, the amount of losses in the form of actual damage caused by the developer's violation of the obligation to transfer the residential premises shall be taken into account in the form of the difference between the value of the residential premises (determined on the date of the introduction of insolvency proceedings against the developer), which should have been transferred to the shareholder, and the amount of monetary funds paid under the construction contract.

The excess of the amount of monetary funds paid under the agreement providing for the transfer of residential premises over the value of the residential premises (determined as of the date of the introduction of the first procedure applied in a bankruptcy case against the developer), which should have been transferred to the shareholder, cannot be the basis for changing the amount of shareholder's monetary claims.

If the shareholder has not fully fulfilled the obligation to pay the cost of the residential premises, the amount of real damage identified shall be taken into account in proportion to the fulfilled part of the obligation.