Abstract
The gloss discusses the rulings on the essence and content of a mortgage that break the uniform and well-established line of rulings according to which a mortgage entitles a mortgage creditor to demand payment from the owner of the object encumbered with it as a debtor in rem. In the abovemntioned rulings the Supreme Court accepted without any doubt that a mortgage is executed by monetising the object mortgaged in the course of enforcement proceedings and any other definition of its content contradicts its legal nature as the right in rem. Consequently, the Supreme Court deemed it inadmissible to apply Article 319 the Code of Civil Procedure to decisions regarding satisfaction of a mortgage creditor from the object of a mortgage, which article has been unambiguously classified as applying only to personal liability.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
