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  1. 4 Rejent

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  1. 4 Kuropatwiński J.

  2. 1 Bączyk M.

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  1. 1 2022

  2. 1 2021

  3. 2 2020

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1

Zgoda na wpis do księgi wieczystej w ujęciu de lege ferenda

100%
Kuropatwiński J.
Rejent
|
2021
|
issue 7 (363)
25-41
EN
In Polish law, it is permissible, in a narrow extent, to make an entry in the land and mortgage register on the basis of consent to the entry coming from an authorized person according to the content of the land and mortgage register. The purpose of this article is to draw attention to the usefulness of consent to an entry in the Polish legal system and to initiate a discussion on the advisability of extending the scope of application of this simplified entry basis. The author points up at the tendencies in practice to apply consent to entry contra legem and presents arguments that, in a limited extent, support legislative changes leading to greater use of consent to entry as a simplified basis for entry. The author also points out that the permissibility of modifying the legal status of real estate disclosed in the land and mortgage register on the basis of consent to entry, too broadly defined, could pose a threat to the certainty of legal relations.
2

Użytkowanie wierzytelności na zabezpieczenie

100%
Kuropatwiński J.
Rejent
|
2022
|
issue 4 (372)
25-43
EN
The usufruct of receivable combines the advantages of the assignment by way of security and the pledge on receivable while eliminating the shortcomings of said securities. A holder of the usufruct does not acquire the right to carry out actions that dispose a receivable, and the usufruct, as a limited property right, can be conferred on more than one beneficiary (user), where in such a case, the provisions concerning the priority of limited property rights are applicable. Simultaneously, the satisfaction of the usufructuary of receivable has not been restricted by the provisions for judicial enforcement procedure. In this article the Author settles various juridical controversies regarding the usufruct of receivable. He presents the justification as to why the receivables that produce profits only potentially as well as the receivables which do not produce profits at all, can both also serve as an object of the usufruct. The Author also justifies the argument according to which the usufructurary of receivable is independently entitled to receive an object of a performance made by the debtor of the encumbered receivable. The holder of the usufruct of receivable acquires ownership of the object of the interest performance and the pecuniary performance, in the latter case however, by way of the irregular deposit. In other instances, the performance of an obligation causes the acquisition of the object of this performance by the creditor, but at the same time grants the user the usufruct of it (real subrogation). The juridical analysis of the usufruct of receivable by way of security has led the Author to distinguish several legal relations: the obligation contract, with performing of which takes place the establishment of the usufruct of receivable, the legal relation from which arises the receivable secured by the usufruct, the contract on establishing collaterals, and pactum fiduciae.
3

Kataster nieruchomości jako podstawa przestrzennej identyfikacji praw podmiotowych do nieruchomości

100%
Kuropatwiński J.
Rejent
|
2020
|
issue 2 (346)
49-72
EN
Cadastre is a basic form of defining a real estate in land and mortgage register. Historical backwardness in scope of developing a uniform cadastral systems throughout Poland and improper interaction between administrative body and Land and Mortgage Register Court have had an impact in the past on judicial decisions concerning documentation that may form the basis of defining a real estate in land and mortgagee register. The purpose of this article is to show current development of the cadastre in Poland and to propose conclusions for interpretation of law on land and mortgage register and to conclude de lege ferernda postulate concerning cadastre and land and mortgage register.
4

Professor Leopold Stecki (1927-2020). Pro Memoriam

26%
Bączyk M., Kuropatwiński J.
Rejent
|
2020
|
issue 8 (352)
103-105
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