MORTGAGE AS AN INSTITUTION PROTECTING CREDITOR’S INTERESTS AND ITS TRANSFORMATION IN POLISH LAW DURING THE 19TH AND 20TH CENTURY

Abstract

The aim of the discussion will be show on what foundations built is now functioning mortgage right and what is their function. The evolution of this type of limited property rights has been and it is currently long process consisting in improving this institution. The rules contained in the mortgage statutes of 1818 and 1825 became the basis on which the legislature resisted creating the mortgage right in the twentieth century. Mortgage in the times of the Polish Kingdom and in the twentieth century was for secure cash receivables. This institution facilitated (including the present day it facilitate) economic evolution and economic growth. Mortgage is currently the safest and most commonly used right to protect one or several liabilities.