Mortgage Registers and Mortgage Council in the Kingdom of Poland

Abstract

The author analyzes the institution of Mortgage Registers appearing in the Kingdom of Poland. In this paper, there is the analysis of the legal act from 1818, which provided the obligation of keeping the Mortgage Registers for a larger property. These are laws that cover subject to entry, the issue of the priority of rights and the effects of the registration in the Mortgage Council. Additionally, the paper concerns the issue of the construction of the Mortgage Registers. A description of magistracies mortgage system and the competent authorities, which include the Commission and the Departments of Land Court – are also provided. The analysis has been extended by the case law of the Supreme Court of the interwar period.