Abstract

In its resolution of 25 November 2018 adopted by a bench ofseven judges, file no. III CZP 25/18, the Supreme Court assumed that the court should not suspend real property registration proceedings upon death of a participant in the proceedings. That is due to the fact that the land and mortgage register court only takes decisions concerning approval or denial of registration of the effects of legal events relating to the rights disclosed or to be disclosed in the land and mortgage register, rather than decisions concerning those rights per se.

A legal successor of the deceased participant may protect their rights under new proceedings for an entry in the land and mortgage register or – more frequently – under the proceedings to reconcile the content of the land and mortgage register with the actual legal status.