Entry into a land and mortgage register as notaries’ act: aspects of systemic and procedural law

Abstract

The article presents the current state of affairs and the proposed changes to the land and mortgage register law in the context of the potential entrusting the competence to make entries in the land and mortgage registers not only to courts of law, but also to notaries, within the limit of the legal transactions performed before a notary. In the light of the jurisprudence of the Polish Constitutional Tribunal, the dominant position is that the keeping of land and mortgage registers and making entries thereto, although remaining within the powers of land and mortgage registration courts, does not constitute a constitutional category of “administering justice”. Therefore, the act of disclosure of rights in rem in a real property register need not be restricted to courts only. Those powers may also be exercised by other authorities, including notaries who are a special profession of public trust.

Keywords

• Land and mortgage register
• real property
• court
• entry in the register
• notary