Monitor Prawniczy
no. 24/2021
The principle of formal free access to land and mortgage registers – de lege ferenda conslusions
DOI: 10.32027/MOP.21.24.2
Autorka jest sędzią w stanie spoczynku.
Abstract
The principle of formal free access to land and mortgage registers means that the land and mortgage registers are open to the public (Art. 2 of the Act on Land and Mortgage Registers and Mortgages) and no one may use their ignorance of the entries in the land and mortgage register or applications that have been recorded therein as an excuse. Anyone who knows the number of the land and mortgage register kept in the ICT system may view it free of charge via the ICT system (Article 364 (6) of the Act on Land and Mortgage Registers and Mortgages). However, the principle of allowing anyone who knows the number of the land and mortgage register to browse through the land and mortgage register kept in the ICT system, free of charge, via the ICT system, seems to have been excessively liberalized.