Abstract

The article is an attempt to assess the functioning of the importance of entry in land register under the rule of declaratory entry adopted by the Polish legislator as compared with advisability of adopting the rule of constitutive entry to land register.

In the Polish legal system constitutive entry to land register is required only when it is specifically provided for in a special regulation. In Art. 155 of the Civil Code the legislator specified that agreements for sale, exchange, gift or any other agreement imposing an obligation to transfer ownership of property thing designated as to its identity transfer ownership to the purchaser unless specifically provided for otherwise in applicable laws or the parties have agreed otherwise.

With a view to the fact that ownership of real property is transferred by an agreement as such, entry in land register, although obligatory, is of a declaratory nature and merely records the ensuing legal status. Upon conclusion of an agreement and until proper entry is made in land register the person identified therein as an owner is different from the actual owner of the property.

Key words: entry in land register, rules of entry, declaratory entry, constitutive entry, ownership right to real property