EN
The commented judgment of the Supreme Court discusses the admissibility of rebutting the presumption of conformity of a mortgage entered in the land and mortgage register with the actual legal status. A question arises whether this presumption may be rebutted only in special proceedings regulated in Article 10 of the Land and Mortgage Registers Act of 1982 or in any other proceedings - especially in proceedings for payment initiated by a creditor against the owner of the real property. In the commented judgement the Supreme Court decided that the second option is correct even though the entry of a mortgage into the land and mortgage register is of a constitutive nature. In the opinion of author of this study opinion this is a correct position because there are no bases for distinguishing entries depending of their nature - constitutive or declaratory. Additionally the author discusses the possibility of rebutting the presumption concerning other rights (of a constitutive nature) as, for example, perpetual usufruct.