When buying an apartment or house in Poland from a notary, you will always hear the phrase:
„poddanie się egzekucji na podstawie art. 777 kpc”

For many buyers, this is an unclear legal term.
But exactly artykuł 777 — one of the main protection mechanisms in real estate transactions.

Let's look at it in detail:

• What is Article 777?
• how does it work
• how to protect buyers and sellers
• Does 100% always provide protection?
• when applied
• when she's not there
• What kind of scams were there before?
• Why do notaries include it in contracts?

A complete guide for property buyers in Poland.

What is artykuł 777 in Poland?

Artykuł 777 Kodeksu postępowania cywilnego — this is a section of the law that allows for immediate enforcement of debt collection through the courts without a lengthy legal process.

In simple terms:

👉 the party voluntarily agrees to possible forced collection
👉 The notarial deed becomes an enforceable document
👉 You can quickly collect money or evict

This is a powerful legal defense tool.

Where is article 777 used in real estate?

Most often in a notarized purchase and sale agreement (akt notarialny).

Applies if:

• there is a payment deferment
• payment in installments
• The seller is waiting for money from the bank
• the buyer has already received the keys
• the seller remains alive after the sale
• installment plan
• investment transactions

The notary always suggests including this clause.

How Article 777 Works – in Plain English

The article allows a party to a transaction to:

don't file a lengthy lawsuit,
and go straight to the bailiff (komornik).

But first you need to:

1. Obtain from the court klauzula wykonalności
2. Hand the matter over to the chamberlain

It takes weeks, not years.

How article 777 protects the seller

The most common situation is seller protection.

Example

The apartment has been sold.
The buyer must pay the rest after some time from the loan.

If he doesn't pay:

✔ The seller goes to court
✔ gets klauzula wykonalności
✔ goes to the keeper
✔ collects money

Without a long trial for years.

How to protect the buyer

Used less frequently, but also important.

For example

The seller received the money
but does not move out of the apartment.

If the contract contains art. 777:

✔ You can evict quickly
✔ without a long trial
✔ via komornika

Also applies if the seller does not transfer the property.

Is it always artykuł 777 = 100% protection

No. It's a strong defense, but not absolute.

What it gives:

• accelerated collection
• legal pressure
• the possibility of a chambermaid

But if the debtor has no money or property,
there is nothing to collect.

Also:

• there may be appeals
• the procedures still take time
• does not protect the party from bankruptcy

It's a speed-up tool, not magic.

When is it necessary to make artykuł 777

Almost always if:

✔ payment after the transaction
✔ mortgage
✔ installment plan
✔ Keys will be handed over before payment
✔ The seller remains alive
✔ investment transactions
✔ flip deals

Without it, such transactions are risky.

When they may not do it

Sometimes not needed if:

• 100% payment at the notary immediately
• immediate key transfer
• empty apartment
• cash

But even then they often add.

When did artykuł 777 appear?

The mechanism itself has long existed in Polish law.
But it began to be actively used in real estate around:

👉 since the 2000s
👉 massively — the last 10–15 years

Today this is the market standard.

Almost every mortgage transaction contains this clause.

What was there before active use?

Previously, if the buyer did not pay:

❌ years of courts
❌ separate process
❌ then a writ of execution
❌ then the chamberlain

This could take 2-4 years.

Frauds were more common:

• bought without full payment
• were tightening
• the seller waited for years

Today, art. 777 has significantly reduced the risks.

Real fraud schemes of the past

Before mass use of the article:

Scheme 1

The buyer signed the deed
paid part
I promised the rest

Then he disappeared.
Court 3 years.

Scheme 2

The seller was selling
received money
didn't move out

Eviction through court for 2 years.

What does the clause in the contract look like?

A notarial deed usually contains:

„Kupujący poddaje się egzekucji na podstawie art. 777 kpc...”

or
„Sprzedający poddaje się egzekucji...”

The notary explains upon signing.

Should I agree?

In 95% cases - yes.

This is standard practice.
Refusal may raise questions from the other party.

The only important thing is:

• read the sum
• deadlines
• conditions
• limits of liability

What to look out for

Check:

✔ What is the amount of subordination?
✔ Until what date?
✔ What are the launch conditions?
✔ who obeys
✔ Is there a limit?

Sometimes they make it with a reserve (for example, 150% amounts).

Result

Artykuł 777 — one of the most important points in a notarial agreement purchase and sale of real estate in Poland.

He:

• speeds up collection
• protects both sides
• reduces fraud
• has become the market standard

But this is not an absolute guarantee.
This is a tool for quick legal protection.

Before signing, it is always worth reading this clause carefully and understanding its consequences.

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