Adamczyk & Company Law Office
Maciej Adamczyk
Barrister
Barrister with a long-standing experience. Has been running his own chambers for 15 years. Specializes in supporting business entities, creating contracts, copyright law and tax law. Conducts a number of reprivatization proceedings. Experienced in takeovers and mergers of companies, restructuring and repair processes and in energy law cases. Arbitrator of the Conciliation Court at The Chamber of the Natural Gas Industry.
The inheritors of people who had lost their property heaved a sigh of relief after obtaining a declaration of the invalidity of the nationalization decision from the authorities. In popular opinion this was the end of the problems. For the next step - natural and widely accepted - was to file to a proper Land and Mortgage Register Court a petition to exclude expropriated properties from present land and mortgage registers, to set new registers for them and to record the inheritors as their owners. Aside from rulings on inheritance through acquisition, the sole annex to the petition was a decision stating the invalidity of the expropriating decisions.Things have become complicated recently, though. In its 27 July 2010 ruling (III CSK 122/10) The Supreme Court has pronounced that the land and mortgage register proceedings does not serve to adjudicate the owner of a property. In accordance with art. 6268 para. 2 of the Code of Civil Procedure, upon hearing a petition for a record, the court examines only the content and the form of the petition and of the enclosed documents and the content of the land and mortgage register. No other evidence can be examined by the court. The declaration of the invalidity of the nationalization decision made by a board of administration means solely that the basis for recording the owner to date is eliminated. However, in order to change a record concerning the ownership of the nationalized properties, it is necessary to conduct separate proceedings regarding the setting of the land and mortgage register's content, according to the actual legal status. If the adjudication of the Supreme Court causes a change in the present practice of land and mortgage register courts, the inheritors will have to be prepared for a necessity of additionally winning a civil legal procedure against the State Treasury, based on provisions of art. 10 of the Land and Mortgage Registers and Mortgage Act of 6 July 1982 (i.e. Journal of Laws /Dziennik Ustaw/ 01.124.1361, as amended). Not only will it mean that the actual granting property rights to the inheritors will be substantially adjourned, but also - what is worse - it will mean subsequent, considerable costs on account of a court fee, which is after all computed according to the recovered properties' value.
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