The Entry of Warning About the Running Restructuring Proceedings but Establishing the Mortgage Cover Image

Wpis ostrzeżenia o prowadzeniu postępowania restrukturyzacyjnego a ustanowienie hipoteki
The Entry of Warning About the Running Restructuring Proceedings but Establishing the Mortgage

Author(s): Daniel Jakimiec
Subject(s): Law, Constitution, Jurisprudence
Published by: Oficyna Wydawnicza KA AFM
Keywords: restructuring proceedings; land register; perpetual-accounting entry of the warning; the fourth department land register; mortgage;

Summary/Abstract: Pursuant to the Art. of 25 sec. 1 pt of 4 Act on Land and Mortgage Registers and Mortgages in the fourth section of the land register entries concerning mortgages are being revealed. Establishing the agreed mortgage and her entry in the fourth section of the land register after the initiation of proceedings restructuring will depend from the approval of the court superintendent or from undertaking the activity in this object by the administrator. When an appointed court superintendent stayed the financial and procedural card is experiencing the debtor being a property owner of limiting 1 pr pursuant to the Art. of 39 sec. rest. in relation to the Art. of 277 sec. 1 and sec. 2 pr. rest., whereas in case of the administrator is undergoing turning off appropriately to Art. 53 sec. 1 pr. rest. However a little bit differently a situation looks in case of establishing compulsory central mortgage registers. In the event that the debtor is a participant in restructuring proceedings simultaneously then at establishing the compulsory central mortgage register an Art. of 170 sec. 1 and sec. 3 are fi \nding application pr. rest. Obligated the Art. of 170 sec. 1. pr. rest. constitutes, that with the day of entering into force satisfactions protecting decisions of proceedings approving the arrangement and enforcement led against the debtor to the purpose of debts taken up with arrangement are undergoing amortizing from the legal validity of the law.

  • Issue Year: 24/2019
  • Issue No: 1
  • Page Range: 135-149
  • Page Count: 15
  • Language: Polish