Influence of adjudication of ownership on personal rights and claims regarding the property

Abstract

In the article there have been discussed rules regarding the acquisition of real property by an auction run according to the court enforcement proceedings. The influence of adjudication of ownership on personal rights and claims regarding the property has been shown indicating substantive consequences of a valid court order regarding adjudication of ownership influencing both personal rights regarding the property which has been sold in the course of the enforcement and personal claims which have been secured by disclosing in the land and mortgage register. The starting point for consideration was presenting a general rule saying that all the rights and consequences of personal rights and claims disclosure regarding the property expire upon validation of court order regarding adjudication of ownership. It has been indicated which rights do expire and which ones the creditors are entitled to instead. Moreover, there have been presented the rights which do not expire despite a valid court order regarding adjudication of ownership, conditions which must be fulfilled so that these rights can be maintained and the influence of maintaining these rights on the value of the property and then on the purchase price. The next issue which has been discussed in the article was the influence of adjudication of ownership on lease and tenancy, including the change in the legal form resulting from the amendment dated 16 September 2011, accompanied by an explanation which agreements it applies. What has been also presented is the procedure regarding removal of all the rights concerning the property from land and mortgage register or a set of documents. In the summary there has been indicated the importance of consequences resulting from a valid court order regarding adjudication of ownership and the significance of proper order drafting and determining its validity date.