As a rule, the entry in the land and mortgage register is made only on
request and within its borders (art. 6268 Civil Procedure Code). Therefore
the court cannot make an entry in the land register on its own motion nor
can consider the application beyond its boundaries. Nevertheless the above
does not mean that the court can make an entry only identical to the
content of the application. Consequently occasional practice of rejection
of the application just because its validity has been documented only in
part is incorrect. If the application deserves to be considered only in
part, it should considered by the court in this part. Presented standpoint
has been ruled in favor by the Supreme Court in decision of 2.12.2009 (I
CSK 132/09) and decision of 18.04.2013 (II CSK 503/12).
Author: legal counsel Paweł Helta
