Published: 2020-12-15

Competitiveness of Actions under art. 189 of the Polish Code of Civil Procedure and art. 10 of the Polish Land and Mortgage Register Act: Remarks on the Verdict of 23 March 2018 Issued by the Supreme Court

Edyta Gapska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2020.20.4.16

Abstract

This article considers the relationship between an action for the removal of inconsistencies between an entry in the Polish land and mortgage register and the actual legal status of the property in question. The grounds for action to amend an entry in the register are given in Art. 10 of Ustawa o księgach wieczystych i hipotece (the Land and Mortgage Register Act); and the grounds to determine whether a claimant has a right or legal relationship (justifying such an amendment) are defined under Art. 189 of the Code of Civil Procedure. The author agrees with the view which says that the nature of these two actions is different, and that they have different aims, intended to achieve different types of legal protection. If this assumption holds, it will also show that a claimant’s legal interest in bringing an action pursuant to art. 189 of the Code of Civil Procedure does not rule out his option to bring a claim under Art. 10 of the Land and Mortgage Register Act as well.

However this position does not justify the use of the concept of “concurrence of claims” within civil procedural law, either for methodological or normative reasons. From the perspective of the different forms of legal protection offered by these two types of claim and the scope of their effects, it would be inadmissible to allege that claims under Art. 10 of the Land and Mortgage Register Act and under Art. 189 of the Code of Civil Procedure meet the same legal interest.

Keywords:

action to determine whether the claimant has a right or legal relationship; a claimant’s legal interest; removal of inconsistencies in the land and mortgage register; concurrence of claims.

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Citation rules

Gapska, E. (2020). Competitiveness of Actions under art. 189 of the Polish Code of Civil Procedure and art. 10 of the Polish Land and Mortgage Register Act: Remarks on the Verdict of 23 March 2018 Issued by the Supreme Court. Zeszyty Prawnicze, 20(4), 319–352. https://doi.org/10.21697/zp.2020.20.4.16

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