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Roszczenia posiadacza rachunku bankowego na tle art. 120 § 1 zd. 2 k.c.

100%
Stangret-Smoczyńska A.
Przegląd Prawa i Administracji
|
2015
|
vol. 100
507-523
EN
According to Article 120 § 1 sentence 2 of the Civil Code, when the maturity of the claim depends on undertaking a specified act by the entitled person, the course of the time limit shall commence on the day when the claim would have become mature if the entitled person undertook the act at the earliest possible opportunity. According to the doctrine and jurisdiction, the above-mentioned Article is applied to claims resulting from bank account contracts, as those claims are unlimited time claims. Within the presented analysis such a position is placed under discussion, pointing that these claims are limited time claims and they become mature when the time to perform the act expires. The time for performing the act by the bank is specified and follows from the nature of the obligation. Consequently, the legal provision of Article 455 and of Article 120 § 1 sentence 2 of the Civil Code will not be applied.
2

The concept of “old mortgage” following the amendments of the Land Register and Mortgage Act — intertemporal issues

100%
Stangret-Smoczyńska A.
Prawo
|
2013
|
issue 315/1
EN
Amendments to the Land Register and Mortgage Act that came into force on 20 February 2011 provide a new mortgage structure. As regards old mortgage, the rule is that old regulations are applied to ordinary mortgage and to bail mortgage. However, as regards independent bail mortgage established before the amendments to the Act came into force the new regulations are applied with the exception of regulations regarding disposal of a vacated mortgage rank. Therefore, it is justified to use the concept of old mortgage to ordinary mortgage and to bail mortgage established together with ordinary mortgage only. In the author’s opinion after transferring ordinary mortgage into bail mortgage the old regulations would be applied to the bail mortgage.
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