This preprint examines the legal meaning, protective effect, and failure modes of pending entries in four European constitutive registration systems: Poland’s Księga Wieczysta, Czechia’s Katastr nemovitostí, Germany’s Grundbuch, and HM Land Registry in England and Wales. It shows that the period between filing and completed registration is the point of maximum transaction vulnerability, because the applicant’s right does not yet fully exist in law while competing claims may still arise. The paper compares the four protective mechanisms used during this phase: the Polish wzmianka, the Czech plomba, the German Vormerkung, and the UK official search with priority. It argues that these mechanisms are not functionally equivalent and that cross-border participants often underestimate this difference. The publication is designed as a practical legal-analytical preprint for lawyers, lenders, advisers, and cross-border transaction participants dealing with registration timing, priority protection, and transaction risk.
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Natallia Vasilyeva
Istituto Nazionale di Documentazione Innovazione e Ricerca Educativa
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Natallia Vasilyeva (Mon,) studied this question.
www.synapsesocial.com/papers/69d895486c1944d70ce06422 — DOI: https://doi.org/10.5281/zenodo.19448516