Intertemporal Effect of the Amendment of the Act of 26 June 2009 on the Amendment of the Law on Land Registers and Mortgage and Certain Other Acts

Abstract

The article presents the problem of the intertemporal effect of the amendment of the Act of 26 June 2009 on the amendment of the law on land registers and mortgage and certain other acts. The introduced intertemporal regulations directly indicate that since the date of entry into force of the Act (Art. 14), i.e. 20 February 2011, there exist three varying legal systems concerning land registers. Entering into force of the above-mentioned amendment, i.e. the Act of 26 June 2009, is fundamental from the point of view of the application of both existing regulations and new ones, especially those concerning the contractual mortgage – both ordinary and capped. The date of 20 February 2011 constitutes a significant caesura which is used for determining whether the existing regulations or the new ones are applied.