PPE 4/2024
Notarialne zbycie nieruchomości w toku egzekucji sądowej – zagadnienia praktyczne
dr Marta Anna Nowocień
notariusz; ORCID: 0000-0003-1483-2337
Dowiedz się więcejABSTRACT
Notarial Disposal of Real Property in the Course of Judicial Enforcement – Practical Issues
dr Marta Anna Nowocień, notary public; ORCID: 0000-0003-1483-2337
This paper addresses practical aspects and problems in the work of a notary public related to the disposal of seized real property. The complex issue of the disposal of real property during enforcement has been discussed; it is emphasized that such disposal is legally permissible and important, but is associated with many additional legal aspects that notaries public have to take into account. It indicates the dynamic and complicated changes in the real property law in Poland, which affect directly the activities of notaries public, their liability and the security of real property transactions. It addresses the issues of applicable law, as well as those related to the amendment of art. 930 of the Code of Civil Procedure. It emphasizes practical difficulties faced by a notary public in the context of the amendment to the Code of Civil Procedure and the interpretation of existing regulations. Finally, it discusses matters related to the cooperation between notaries public and bailiffs.
Keywords: notary public, notarial deed, bailiff, bailiff’s certificate, disposal of seized real property, joining enforcement