Abstract

In Poland, entries into the land and mortgage register are made on the basis of paper documents. As a rule the basis for such entry is the original of the document. Any departure from this rule must be explicitly laid down in law. As regards an administrative decision made out as an electronic document there is no explicitly indicated legal basis which would specify that such document constitutes a basis for an entry into the land and mortgage register. As a consequence, an administrative decision issued in the form of an electronic document may not serve as a basis for an entry into the land and mortgage register. Neither a printout, referred to in Art. 39³ § 1 of the Code of Administrative Procedure, of an administrative decision issued in the form of an electronic document may be used as a basis for an entry into the land and mortgage register.As an exception to the rule that only and exclusively the original of a document may serve as a basis for an entry, a certified copy of an administrative decision made out in accordance with the provision of Art. 73 § 2 of the Code of Administrative Procedure may serve as a basis for an entry, though a copy of an administrative decision certified as consistent with the original pursuant to Art. 129 § 2 of the Code may not be used as a basis for an entry.