Opinia prawna na temat projektu ustawy o zmianie ustawy o księgach wieczystych i hipotece

The opinion deals with the Senate bill amending the Act on Land and Mortgage Registers and Mortgage, whose purpose is to adjust the Act to the judgment of the Constitutional Tribunal of 10 July 2012 (Ref. No. P 15/12). Under the proposed bill, a mortgage created upon part of the real will be transformed – in the event of the division of that property – into the mortgage upon the real property of the co-owner, separated as a result of the division, and the mortgage creditor will have the right of lien on payment of debt or other payments due to the co-owner. The author raises serious doubts about Article 76(14) of the bill, which does not guarantee actual protection of the mortgage creditor against adverse actions of the debtor.