Criminal case law is important for understanding the legal situation of a notary - not only in the area of disciplinary and criminal liability. It also affects the status of the notary, who is at the same time the editor of an official document and a participant in notarial proceedings.
Contemporary requirements of the legislator and social expectations of simplification of all procedures of asserting rights are connected with obtaining more effective legal solutions. These requirements justify the analysis of two values of notarial activity: performing notarial activities in accordance with the law and counteracting the possibility of illegal evaluation.
The author explains subjective and objective constructions of detention according to S. Wróblewski’s theory of possession and suggests typo logical systematization of particular legal regulations of detention. Then the author compares polish construction of detention with various forms of replacement and intermediation in polish system of private law. The results of the analysis show that construction of detention has specific character which doesn’t correspond to the particular forms of replacement and intermediation.
Contemporary requirements of the legislator and social expectations of simplification of all procedures of asserting rights are connected with obtaining more effective legal solutions. These requirements justify the analysis of two values of notarial activity: performing notarial activities in accordance with the law and counteracting the possibility of illegal evaluation.
The 90th anniversary of the Polish notary public (1934-2024) does not present the history of the notary public sensu scricto, but provides an opportunity to present the evolution of the institution in the syste-mic and professional dimensions of the notary public. Despite the volatile Realpolitik, the public notary reconciles the provision of the public interest and its protection with the individual interests of the par-ties to a notarial act. In accordance with the jurisprudence of the Supreme Court, the author situates the notary public in the broad sense of complicity with the judiciary as a legal protection body. At the same time, he points out practical deviations far from the Monteskian separation of powers „On the spirit of rights”. He proposes to amend the Code of Professional Ethics of Notaries by adding a separate chapter strengthening the notary public’s self-government.
The 90th anniversary of the Polish notary public (1934-2024) does not present the history of the notary public sensu scricto, but provides an opportunity to present the evolution of the institution in the syste-mic and professional dimensions of the notary public. Despite the volatile Realpolitik, the public notary reconciles the provision of the public interest and its protection with the individual interests of the par-ties to a notarial act. In accordance with the jurisprudence of the Supreme Court, the author situates the notary public in the broad sense of complicity with the judiciary as a legal protection body. At the same time, he points out practical deviations far from the Monteskian separation of powers „On the spirit of rights”. He proposes to amend the Code of Professional Ethics of Notaries by adding a separate chapter strengthening the no-tary public’s self-government.
Regardless of the procedure for appointment as a notary public and the determination of the seat of his office by the Minister of Justice, with the possibility of appeal against the above administrative decision to the Administrative Court, the 2013 amendment to the Law on Notaries provided for a new position of deputy notary public with the possibility of appointment as a notary public. A separate procedure for obtaining the status of a deputy notary is provided for in Articles 76 and 76a of the Notary Act, as amended by Article 14a of the 1991 Act. The subject of this article is a legal analysis of the above amendments to the Law on Notaries. A deputy obtains the authority to perform notarial acts in various ways, including by agreement with the notary who holds the office or by appointment by the chairman of the council of the chamber of notaries or by decision of the council of the chamber of notaries itself (art. 22 pr. o not.).
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