Abstract

Mortgage allows the creditor to satisfy their claims from real property regardless of who has become its owner. The author ponders – on the basis of Supreme Court and appellate courts’ case law – whether in a situation whereby a real property has been sold after the creditor obtained a favourable order, when the creditor wants to start enforcement against a mortgaged property a new action have to be brought in against the purchaser or the simplified procedure under Art. 788 of the Code of Civil Procedure would be sufficient.