Abstract

In its judgment of 26 June 2014, II CSK 541/13, the Supreme Court assumed that the compulsory total bail mortgage which encumbered the property as at the date of selling the cooperative undertaking in the course of the insolvency proceedings by the force of law shall encumber the separate ownership title to the premises established under Art. 1718 of the Housing Cooperatives Act of 15 December 2000. This position is erroneous and leads to injustice.