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Moc dowodowa zagranicznych dokumentów urzędowych: wybrane zagadnienia procesowe

100%
Dąbrowski Ł. D.
Problemy Współczesnego Prawa Międzynarodowego, Europejskiego i Porównawczego
|
2016
|
vol. 14
120-132
EN
The Polish Code of Civil Procedure in article 1138 states that the probative value of foreign official documents is equal to Polish official documents. As a rule the law does not require legalisation to grant foreign official documents probative value equal to Polish official documents. The Code, however, provides for two exceptions to this rule which require legalisation by Polish agents or consular officers. The article presents a practical application of article 1138 of the Code on the background of regulations applicable to evidence in Polish civil procedure rules and the European Convention on the abolition of legalisation of documents executed by diplomatic agents or consular officers. The paper shows that the provision of national official documents apply, in the case of foreign official documents, only in certain instances, i.e. in some cases their direct application would not be appropriate.
2

Tłumaczenie przysięgłe dokumentu zagranicznego przedkładane w kancelarii notarialnej - czy tylko sporządzone przez polskiego tłumacza?

67%
Czubik P.
Rejent
|
2023
|
issue 7 (387)
11-31
EN
The subject of analysis is the rules of admissibility of sworn translations in civil law transactions in Poland. As a rule, a Polish notary in his practice should require a sworn translation of the document presented to him. At the same time, he should note the fact of submission of a translation of the document (along with the foreign-language original) in the substance of the notarial document. As a rule, a certified translation should be a translation made by a sworn translator included in the list of “TP” kept by the Minister of Justice (this list includes both sworn translators practicing in Poland and abroad). Equivalent to certified translations by a sworn translator are also translations made by a consul of the Republic of Poland. In the case of certain foreign countries, the notary should (due to the content of relevant legal aid agreements) accept certified translations made by official translators from those countries. Translations made by a consul of a sending country with which a relevant bilateral consular convention providing explicitly for this possibility has been concluded should also be accepted. Translations, on the other hand, carried out by consuls of countries with which there is no bilateral convention, or there is a bilateral convention in force that does not provide for the effect of translations in the receiving state, should be treated as a kind of last resort, which can be used only if there is no sworn translator for the foreign language in question on the Polish “TP” lists.
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