Abstract

The article discusses the issues of applying Art. 129 of the Code of Civil Procedure in real estate register proceedings. The authoresses put forward a thesis that as a matter of principle an entry may be made in the real estate register on the basis of a document which meets the minimum of formal requirements laid down in Art. 31.1 of the Act of 6 July 1987 on real estate and mortgage registers, whereas an authenticated copy of the document made by the advocate, legal counsellor, patent agent or a counsellor at the Office of the Attorney General of the State Treasury acting as a representative of the party fails to meet those requirements. The authoresses raise that making entries based on such authenticated copies would be contrary to the role of the real estate register court and would infringe the principles on which the institution of mortgage registers in the Polish legal system has been based. They also explain the difference between the absence of grounds for an entry, an obstacle to making an entry and a formal defect of the application indicating that de lege lata there are no grounds for calling to file a document in an appropriate form which would provide a basis for making an entry since such a defect is not a formal defect of the application.