Abstract

The article attempts to answer the question whether the claim which the creditor - the buyer of a real property under the judicial enforcement proceedings - intends to credit against the acquisition price has to be recognized by a writ of execution. The author discusses the issue in connection with the Supreme Court resolution of 8 October 2015, III CZP 55/15, sharing the position expressed herein that in order to be credited against the acquisition price a mortgaged real property has to be recognized by a writ of execution by the date of adjudication of ownership at the latest.