Abstract

The article discusses an issue, which is important for the practice and at the same time theoretically complex, of permissibility to append the execution clause against the purchaser of mortgaged real property to the enforcement order issued by the court against the former owner who is a personal debtor. In the first place, the author discusses the nature of responsibility of the purchaser of mortgaged property. Attempt has also been made to answer a question whether and if yes to what extent the purchaser of real property is a legal successor of the seller. Further on, the author outlines the way of realizing mortgagee’s rights, in particular with respect to obtaining an enforcement order against the purchaser of real property, as well as the defences to which the purchaser is entitled and the procedure for their implementation. Having analysed the views represented in the doctrine and jurisdiction, the author makes an attempt to provide a definite answer to the title issue, contrasting purposive arguments, systemic arguments and arguments based on the contents of applicable regulations. He concludes that it is impossible de lege lata to use Art. 788 § 1 of the Code of Civil Procedure in this situation. In order to realize the rights arising from mortgage, in case the personal debtor sells the property, having obtained a judicial enforcement order against the debtor it will be necessary to file an action for payment against the purchaser.