Nieruchomości@ (Sep 2019)
Warning entry as a form of protection of verification actions before the Verification Commission
Abstract
The warning entry, as a procedural form of administrative protection of verification actions serves an important role not only for the purpose of ensuring a proper course of the verification actions undertaken by the Verification Commission. It is an instrument of protection of private and public interests, and a warranty of implementation of the constitutional principle of rule of law. The verification action warning is a separate legal institution from the warning of real property legal status inconsistency with factual status, defined in art. 8 of the land and mortgage register and mortgage act. The protection is established based on a decision of the Verification Commission, issued before an examination proceedings is initiated, then implemented in a land and mortgage register proceedings. It does not waive the credibility of the land and mortgage register and does not rebut the presumption of consistency of the legal status revealed in the register with the factual legal status. The consequences do, however, occur when the examination proceedings is initiated. Fulfilling a warning function, the verification action warning does not lead to acquiring a subjective right or changing the material legal situation, does not exclude or limit the disposal of the right against which it is directed. The structure of the examination action protection does not contradict the constitutional principle of ownership protection, as it does not devoid the right bearer of the ability to exercise the right entered in the land and mortgage register, and therefore does not cause the consequences connected to the existence of the protection for the bearer. It implements the principle of protection of third party rights by providing these parties with information and a signal of the existing hazard to the validity of the legal status of the real property and the likelihood that the reprivatisation decision was issued with an infringement on the law. It constitutes an element of protection of the public interest in matters concerning Warsaw real property reprivatisation and an axiological basis for the land and mortgage register system disclosure.
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