Open AccessPerforming legal transactions based on entries in public registers. Selected issues
Author(s) -
Wojciech Gonet,
Hanna Wolska
Publication year - 2019
Publication title -
journal of management and financial sciences
Language(s) - English
Resource type - Journals
eISSN - 2657-5612
pISSN - 1899-8968
DOI - 10.33119/jmfs.2019.36.6
Subject(s) - deed , register (sociolinguistics) , real estate , credibility , business , database transaction , general partnership , law , finance , political science , database , computer science , philosophy , linguistics
The article concerns the analysis of the consequences of making further legal transactions with entities which should not be disclosed in public registers due to the invalidity of legal transactions on the basis of which the entry in the public register has been made. As a result of the conducted research it was found that, despite an absolutely invalid deed/founding act, the partnership/company can be disclosed in the National Court Register, and further legal transactions are valid. If the real estate is purchased on the basis of an absolutely invalid legal transaction, disclosure of the purchaser in the second section of the land and mortgage register is not covered by the principle of public credibility of land and mortgage registers. This also applies to the subsequent business real estate trading.