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O istocie depozytów notarialnych

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Celiński D.
Rejent
|
2020
|
issue 11 (355)
11-39
EN
This article is devoted to the act of acceptance for safekeeping by notary public (Article 79 section 6 of the Notary Public Act) described in legal terminology as notary deposit. Types of notary deposits have been described. Previous case of law and legal opinions on notary deposits’ legal nature have been evaluated. As a result notary deposits have been categorized as a form of trust. Additionally, the functioning of notary deposits in the context of the so called “notarial compulsion” has been analyzed, indicating the obligatoriness of the document and data carrier deposits (Article 106-107 of the Notary Public Act) as well as the optionality of money and securities received as deposits in relation to a performed notary act (Article 108 of the Notary Public Act).
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