Rola radcy prawnego w elektronicznym postępowaniu wieczystoksięgowym w aspekcie obrotu nieruchomościami
The Role of Legal Advisers in Electronic Land and Mortgage Register Proceedings with Respect to Trading in Real Property

Summary/Abstract: Electronic land and mortgage register proceedings, which are characterized by formalism and limited cognizance of the land and mortgage register courts, determine the safety of the trade in real property. The specific nature of these non-adversarial proceedings and the role of the land and mortgage register create a legal framework for the participants in these proceedings and the real property transactions that sets them apart from other court proceedings. The formal nature of land and mortgage register proceedings is indicated by the requirement to file applications using a standard application form and to pay a court fee, and – in the event the applications are submitted by notaries public, court enforcement officers, or heads of tax offices – by the requirement to use an electronic application form filed exclusively via the ICT system. Documents forming the basis for entries have to be attached as originals, and may not be substituted with certified copies.

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