Published: 2020-02-04

Application of the Provisions of the Third Book of the Polish Civil Code to the Mortgagor. A Comment on the Polish Supreme Court’s Resolution of 18 January 2019, III CZP 66/18

Damian Rafał Kaczan
Zeszyty Prawnicze
Section: Glosy
https://doi.org/10.21697/zp.2019.19.4.11

Abstract

This comment is on the ruling of the Polish Supreme Court regarding a mortgagee’s claim and the applicability of the law of obligations
to a mortgagor. I begin with an outline of the problem, and then describe the situation which provided the grounds for the Supreme Court’s
decision, which did not follow a fully uniform line of argument. The main part of my article assesses the Supreme Court’s position. I agree
with its view that the mortgagee’s claim is a substantive claim. However, I criticise its hypothesis that the mortgagor is a debtor within the
meaning of the law of obligations. The final part of the article sums up my observations.

Keywords:

mortgage; creditor; debtor; mortgagee; mortgagor; obligation; property law.

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Citation rules

Kaczan, D. . R. (2020). Application of the Provisions of the Third Book of the Polish Civil Code to the Mortgagor. A Comment on the Polish Supreme Court’s Resolution of 18 January 2019, III CZP 66/18. Zeszyty Prawnicze, 19(4), 283–301. https://doi.org/10.21697/zp.2019.19.4.11

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