Abstract

The presented gloss constitutes a commentary to the Supreme Court judgement concerning non-permissibility of entering compulsory mortgage on debtor’s joint marital property under a ZUS (Social Security Company) decision with respect to the arrears in contribution payments which has been delivered only to the debtor. Basing on hitherto judicial decisions, views of the doctrine and analysis of the applicable laws the author reviewed legal opinions presented in the statement of the grounds for the glossed judgement. In author’s opinion the SC position in this issue is not correct sincede lege lata there are no grounds for rejecting permissibility of entering compulsory mortgage on debtor’s joint marital property under a ZUS decision with respect to the arrears in contribution payments which has been delivered only to the debtor.