NIEODPŁATNOŚĆ W ROZUMIENIU ART. 6 USTAWY Z 6 LIPCA 1982 ROKU O KSIĘGACH WIECZYSTYCH I HIPOTECE
GRATUITOUS TRANSACTIONS WITHIN THE MEANING OF ARTICLE 6 OF THE POLISH ACT ON LAND AND MORTGAGE OF ARTICLE 6 OF THE POLISH ACT ON LAND AND MORTGAGE

Summary/Abstract: The meaning of gratuitous transactions (i.e. transactions for no consideration) is disputable in legal doctrine. The term „gratuitous” has different meanings. It can be an element of a characteristic of a legal act. It can also be a legal term subject to the interpretation. The above must be taken into consideration while interpreting the term „gratuitous” as set out in Article 6 section 1 of the Polish Act on Land and Mortgage Registers and Mortgage. According to the functional interpretation, the term „gratuitous” should cover both gratuitous legal acts and legal acts with mutual consideration, where the balance between both considerations was significantly disordered. The objective criteria should be the basis for the judgment.

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