PPE 12/2023
Wymóg aktualności operatu szacunkowego w postępowaniu egzekucyjnym
Michał Najman
doktorant w Katedrze Polityki i Prawa WPiA Uniwersytetu Łódzkiego; ORCID: 0000-0001-8207-8458
ABSTRACT
Requirement of Being Up-to-Date of the Valuation Report in Enforcement Proceedings
According to art. 156 § 3 of the Act on real estate management, the property valuation may be used for the purpose for which it was drawn up for a period of 12 months from the date of its preparation, unless there were changes in legal conditions or significant changes to the purpose of the valuation, type and location of the realty, destination in the local plan, condition of the realty or available data on prices, incomes and characteristics of similar realties. Shifting the above into the field of foreclosure proceedings, it is doubtful whether the twelve-month period counts for the bailiff to perform the description and evaluation of the real estate, or for subsequent activities, e.g. holding an auction, granting acceptance or adjudication of ownership. The jurisprudence on a given issue is inconsistent or even mutually exclusive. The aim of the article is an attempt to indicate and justify the view in favor of the validity of the property valuation throughout the entire real estate foreclosure proceedings, and thus for the court’s decision about adjudication of ownership become final and valid.
Keywords: real estate foreclosure, property valuation, real estate management