Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

Abstract Based on the analysis and comparison of legal regulation existing case law, authors present in paper their opinion issue deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak regulation, contrast Czech one, does not include an explicit provision enabling deletion Land Registry. Taking into consideration aspect justice, reached conclusion that even without a normative platform, it is necessary to allow mortgagor apply court determine real estate mortgaged subsequently use court’s decision as basis for deletion. However, since courts decide this case, using judicial activism, knowingly contrary purpose content institute statutory bar, consider essential legislation be adopted soon possible regulate situation.