Skutki rozporządzenia zajętą nieruchomością

The paper discusses amendments to the Civil Procedure Code enforced by the act of 9 March 2023 (Journal of Laws No 2023.614) in relation to further creditors joining the execution of real property debt. The amendments are presented in the context of a legal status being in force before the amendment of 9 March 2023, including in particular issues of recording warnings about the initiation of the execution of real property debt in the mortgage and land register and further creditors joining the execution upon the sale of the real property. The paper presents simplified rules for creditors joining the execution based on the new terms and conditions and corresponding consequences, as well as sets time limits for further creditors joining the proceedings. It also pays attention to the legal status of a real property buyer and underlines the new meaning of the process of recording the warning about execution in the mortgage and land register. The author discusses principles for the sold real property being distrained by the buyer’s creditors (new Art. 930 § 1(1) of the Civil Procedure Code). In the last part, the paper presents intertemporal rules, including in particular the sale of the distrained property before the effective date of the new Art. 930 § 1 of the Civil Procedure Code. Keywords: disposal of distrained real property, sale, real property, distrain of real property, creditors joining the execution, execution of real property debts by a court, enforcement proceedings