REGISTRATION OF SALES
1. Documents for sales. What type of documents does your LR system envisage for sales and carrying out their registration ?
According to Polish civil code (158th article) a contract creating an obligation to transfer the ownership of real estate should be executed in the form of a notarial deed. The same applies to a contract transferring ownership which is executed In order to perform an earlier obligation to transfer the ownership of real estate; the obligation should be specified in the deed. It means that registration in the land book is made based on the certified copy of a notarial deed. Other documents on which registration is allowed are: court decision in final and irrevocable form, the certificate of inheritance, other documents, issued by administrative authorities.
2. Method of registration. Please, indicate which of these circumstances or data form part of the content of the registration annotated in the registration books or land books for sake of a sale or conveyance.
The content of the registration annotated in the land book basically includes:
- date and number of the application under which the record is made
- name and surname of the ownership, his personal identification number
- matrimonial regime
- share of ownership
- date, type and issuer of the document justifying the registration
REGISTRATION OF MORTGAGES
1. Please, indicate what main legislation governs mortgages in your system.
In Polish system, the main regulations related to mortgages are contained in civil code and Act of 6 July 1982 on land and mortgage registers and on mortgage.
2. In your LR system, is the registration of a mortgage constitutive?
Yes, it is constitutive.
The mortgage shall become effective only where a relevant entry has been made in a land and mortgage register (art. 67Th – Act of 6 July 1982 on land and mortgage registers and on mortgage.
3. Documents. What type of documents your LR system admits for establishing mortgages and carrying out their registration ?
Mortgages among other rights are limited real rights in Poland.
According to Polish civil code (245th article) Establishment: Subject to the exceptions provided for by the law, the provisions on ownership transfer apply accordingly to the establishment of a limited real right. However, the provisions on inadmissibility of a condition or period do not apply to the establishment of a limited real right on real estate. Notarial deed form is required only for the declaration of the owner establishing the right.
4. Method of registration. Please, indicate which of these circumstances or data form part of the content of the registration annotated in the registration books or land books.
Upon registering the mortgage in the land book the following are mentioned:
type of mortgages, amount of the guaranteed debt, currency, deadline to repay a loan, mortgaged property in case of joint mortgage, name of mortgage creditor or the mortgage administrator , priority of mortgages, the document constituting the basis for the entry of the mortgage in the land register.
5. Types of mortgages. If you believe it appropriate, indicate the kinds of mortgages which are relevant in your LR system.
In Polish legal system we differentiate:
- contractual mortgage
- contractual joint mortgage
- compulsory mortgage
6. Modifications. What does your legal system envisage about modifying mortgages? Do debtors have any legal possibility of negotiating newly the terms of the contract or any part of them?
The parties to any contract, even the loan or a mortgage agreement, can agree on amending the contractual provisions. In such situation they have to repeat the entire procedure in front of a public notary and afterwards modify the registration performed.
REGISTRATION OF JUDICIARY CHARGES
1. What kind of orders or judgments can create, modify or cancel an entry in your LR system ?
2. What’s the kind of registrations or entries caused in registration books or land books by these judiciary orders or decisions?
3. In particular, are creditors-plaintiffs who demand payments of sums or money entitled to rely on the Courts and apply for annotations (caveats) or judiciary mortgages in order to attach debtors’ assets?