From the history of “ground book”
(land registries in German countries) Cover Image

Z historii ksiąg gruntowych (Grundbücher)
From the history of “ground book” (land registries in German countries)

Author(s): Paweł Blajer
Subject(s): History of Law, Local History / Microhistory, Political history
Published by: Oficyna Wydawnicza KA AFM
Keywords: land registries; publicization of land transactions; transfer of interests in land; history of land registries in German countries

Summary/Abstract: In the article the Author makes an attempt to describe – in a broad historical perspective – the genesis and evolution of the German system of “ground book” (Grundbuch) as an instrument of registration of interests to land. The above-mentioned aim of the article affects its composition and its division into particular chapters. In the first chapter the earliest traditions of Germanic tribal laws were described, taking into account the essential means of land transfer publicization of those regulations, namely: Sala, Gewere and Auflassung. In the second chapter the Author discusses the genesis of the first “ground books” in the German medieval cities. The third chapter focuses on the basic land interests publicization systems operating in Germany in the modern period, i.e. following the reception of Roman law which strongly impeded the development of land registries in Germany. In the fourth chapter the current model of German Grundbuch was described, beginning from the 19th century codification until the present day problems, such as digitalization of land register and its future perspectives. In the fifth chapter the Author discusses the evolution of land registries in Austria and Switzerland. In the final remarks the Author makes an attempt to characterize the influence of the German system on the Polish regulations governing land registration and to formulate conclusions concerning the possible use of German rules in order to improve the Polish land registration system.

  • Issue Year: 17/2015
  • Issue No: 2
  • Page Range: 66-110
  • Page Count: 45
  • Language: Polish