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  1. 1 Hypiak P.

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Zaspokojenie wierzyciela w umowie przewłaszczenia na zabezpieczenie nieruchomości

100%
Hypiak P.
Rejent
|
2023
|
issue 4 (384)
11-37
EN
The purpose of the transfer of real property for security is ensuring the possibility of satisfying the claims of the creditor. Unlike a mortgage, it allows the creditor to be satisfied without the need for performing a long procedure. However, there are serious doubts and threats related to transfer ownership of real property for security. In particular they relate to the issue of over-collateralization and regulating the method of satisfying of the creditor. In order to combat abuses related to the practical application of agreement transferring ownership of real property for security was introduced Art. 3871 of the Civil Code. However, it does not provide debtor sufficient protection against the actions of creditor. Additionally, the meaning of this article is questionable due to the amendment of art. 388 of the Civil Code. For all these reasons, it seems necessary to regulate the transfer of ownership of real property for security as whole, including professional and consumer circulation.
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