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O udziale notariusza w powołaniu lub odwołaniu zarządcy sukcesyjnego - zagadnienia wybrane

100%
Wrzecionek R.
Rejent
|
2021
|
issue 5 (361)
58-68
EN
Notary public performs activities related to succession management of business run by natural person (art. 79 sec. 1c of the Notary Public Act of February 14, 199118). They include drafting an act of appointment of succession administrator and an act of dismissal of succession administrator. Persons authorized to perform these activities file with the protocol written by notary public an approval to appoint succession administrator (art. 95zc § 1 sec. 4 pr. o not., art. 12 sec. 3 of the Act of July 5, 2018 on succession management of business run by natural person and other facilities related to business succession19) or an approval to its dismissal (art. 95zf § 1 sec. 4 pr. o not., art. 55 sec. 2 u.z.s.). It is admissible to express it in a separate document written before drafting a protocol for appointment or dismissal of succession administrator. In practice, this situation becomes increasingly important when the request for performance of notarial activity includes only an act of appointment or dismissal of succession administrator, based on the notarial deed from a protocol for appointment or dismissal of succession administrator filed for this activity (drafted by a different notary public) along with notary deeds covering the mentioned approvals from authorized persons. In this article, an attempt was made to demonstrate that the legislator has not provided to notary public - who has an obligation to safeguard the rights and legitimate interests not only of the parties performing notary activity, but also other people, for whom it can produce legal effects (art. 80 § 2 pr. o not.) - necessary tools that ensure the required due diligence during verification of personal data of physical persons comprising a group of those authorized to express their will to appoint or dismiss succession administrator. No obligation to include in the content of the protocol of appointment of succession administrator PESEL ID number of the person approving its appointment expressed in it, and in the event of drafting the protocol of dismissal of succession administrator, requires an urgent legislative intervention. This publication presents an analysis of not only the way of using in practice by notaries public regulations that raise doubts, but also the issue regarding the quality of law making. Each of these aspects also plays an important role for the most important functions fulfilled by notary public, which is to guarantee safety of legal transactions.
2

Pisemny „obrót prawny” - próba charakterystyki

100%
Wrzecionek R.
Rejent
|
2021
|
issue 1 (357)
80-93
EN
Legal security, as a general systemic principle closely related to the principle of legal certainty of particular importance for the entire system, is reflected in the Polish law as the principle of security of legal transactions. The article features an attempt to characterize “legal transactions” in writing, focusing in particular on the multidimensional nature of this term. An in-depth analysis of the term “legal transactions” in writing is necessary in order to determine the boundaries of security of legal transactions, which crossing by the notary public (not only by his activity as part of duties of a notary, but also negligence - refusal to perform a requested notarial activity) can result in liability.
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