Kwestia jawności formalnej ksiąg hipotecznych w toku dyskusji nad projektami polskiego prawa hipotecznego z 1818 roku. Regulacja ustawowa i jej praktyczna realizacja w XIX i początkach XX wieku
The question of formal openness of mortgage books in the discussion of the Polish mortgage law of 1818. Regulation through acts of law and its practical implementation in the 19th and early 20th centuries

Summary/Abstract: Prussian mortgage law was the primary ground for creating the draft of the Polish mortgage act. It followed the principle of limited formal openness. During the preliminary works at the Legislative Commission and at the forum of the General Meeting of the Council of the State, it was postulated that mortgage books were fully openness, yet the motion was rejected. The finally approved Art. 28 of the Mortgage law of 1818, made a direct reference to the General Prussian Ordinance of 1783. The practice was not uniform, yet in a decided majority of mortgage divisions it diverged from the stipulations of Art. A8. This was true especially about the so-called district mortgages. Mortgage books were issued to the request of every person who was eager to become familiar with their content. This did not, however, have any bearing on the security of these books.

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