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  1. 2 Rejent

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  1. 2 Czubik P.

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Białorusin, Ukrainiec, Rosjanin – jako klient polskiego notariusza – zagadnienia wybrane (część 1 – pełnomocnictwa, stosunki majątkowe małżeńskie)

100%
Czubik P.
Rejent
|
2021
|
issue 8 (364)
11-26
EN
Agreements on legal aid in civil matters form an important basis for relations between Poland and countries to the east of its borders. From the point of view of notarial turnover, the formation of matrimonial property relations plays a particularly important role. Exclusively applicable in this case are the provisions of the agreements in question. Moreover, the text discusses the issue of powers of attorney to transfer real property in Poland and issued in Belarus, Ukraine or Russia. The form of a legal act in such situations is determined by the law of the place where the real estate is located (lex rei sitae).
2

Białorusin, Ukrainiec, Rosjanin – jako klient polskiego notariusza – zagadnienia wybrane (część 2 – prawo spadkowe)

100%
Czubik P.
Rejent
|
2021
|
issue 9 (365)
35-57
EN
According to article 75 of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107.134) mentioned Regulation does not affect the application of international conventions to which one or more Member States are party at the time of adoption of this Regulation and which concern matters covered by this Regulation. This means that regulation 650/2012 is not applicable in succession cases between Poland and, inter alia, Belarus, Ukraine or Russia. The provisions of agreements on legal assistance in civil matters indicate the law applicable to the succession case and refer to disposition of property upon death. Also, declarations concerning the acceptance or waiver of the succession are governed autonomously by the provisions of the said agreements. The construction of the provisions of these agreements indicates that it is usually a Polish court (and not a Polish notary public) that should carry out succession proceedings after the citizens of Belarus, Ukraine or Russia. This text analyses basic problems concerning application of legal aid agreements in inheritance cases.
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