PPE 1/2024
Egzekucja sądowa dotycząca nieruchomości a rękojmia wiary publicznej ksiąg wieczystych
dr hab. Jakub Biernat, prof. KAAFM
Katedra Prawa Cywilnego, Wydział Prawa, Administracji i Stosunków Międzynarodowych Krakowskiej Akademii im. Andrzeja Frycza Modrzewskiego; notariusz; ORCID: 0000-0002-3546-8098
Dowiedz się więcejABSTRACT
Court Enforcement Against Real Property and Public Confidence Warranty of Land and Mortgage Registers
dr hab. Jakub Biernat, professor KAAFM, Department of Civil Law, Faculty of Law, Administration and International Relations, Andrzej Frycz Modrzewski Krakow University; notary public; ORCID: 0000-0002-3546-8098
The connections between enforcement proceedings against real property and the public confidence warranty of land and mortgage registers are of great juridical, and therefore also economic and social, importance. They are manifested in particular by the fact that both in enforcement proceedings and in the application of the public confidence warranty of land and mortgage registers, the ownership right to real property may be acquired from an entity that was not its owner or the ownership right to real property may be acquired in a different legal status than the one it was entitled to the previous owner. In this respect, what seems particularly important, is the issue of admissibility and scope of applying warranty in case of acquiring the ownership right to real property within enforcement, as well as the issue of the specific application of the regulations constituting the warranty in the event of the acquisition of the ownership right to the real property in respect of which enforcement is or has been carried out. All these matters have been discussed in the paper.
Keywords: enforcement proceedings, enforcement against real property, land and mortgage registers, public confidence warranty of land and mortgage registers