Zabezpieczenia rzeczowe dotyczące spółdzielni w orzecznictwie sądowym – wybrane zagadnienia
Collateral security relating to cooperatives in judicial decisions – selected issues
Author(s): Jacek WidłoSubject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Kancelaria Sejmu
Keywords: housing cooperative; premises;flat; mortgage; pledge; transfer of title for security
Summary/Abstract: The article presents the issue of securing cooperative claims against the background of selected judgments of the Supreme Court. Such claims may be secured by establishing a mortgage, a registered pledge or the transfer of ownership for security. A cooperative, especially a housing cooperative, may be a beneficiary of such securities as a creditor. The assets of a cooperative can also be encumbered. It is not possible to establish security on a real estate with an unclear legal status. Establishing a mortgage on a separate ownership of the premises for which a land and mortgage register cannot be established is excluded. In a case of a title transfer for security, it is crucial to contractually define the mechanism of clearance for the parties and the issue of the so-called oversecuring.
Journal: Przegląd Sejmowy
- Issue Year: 2021
- Issue No: 4
- Page Range: 205-219
- Page Count: 15
- Language: English, Polish