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  1. 2 Rejent

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  1. 2 Madej W.

  2. 1 Balwicka-Szczyrba M.

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  1. 1 2022

  2. 1 2021

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1

Formalne przesłanki ustanowienia prawa pierwokupu nieruchomości

100%
Madej W.
Rejent
|
2021
|
issue 3 (359)
28-48
EN
The aim of the article is to describe the issues related to the form of a legal transaction for establishing the right of pre-emption. The considerations in this article have been included in the analysis of the presented views of the doctrine and judicature. The above subject matter is important in practice, because the form of the legal act establishing the right of pre-emption of real estate affects the legal situation of the person entitled under the pre-emption right. The legal situation of the entitled person was compared when the pre-emption right was established in the form of a notarial deed, in writing, with signatures certified by a notary and in a regular written form. The article shows that the current regulations do not explicitly support the preservation of the form of a notarial deed for the act of establishing a contractual right of pre-emption. Despite the resolution of doubts by the Supreme Court, the form of establishing the contractual right of pre-emption has not lost its relevance.
2

Dokonanie czynności notarialnej bez obowiązku ponoszenia wynagrodzenia przez stronę

63%
Balwicka-Szczyrba M., Madej W.
Rejent
|
2022
|
issue 12 (380)
11-27
EN
The aim of the article was to analyze the legal acceptability of performing a notarial act without remuneration and the institution of judicial exemption from the costs of notary’s remuneration. The work adopted the opinion that a notary public has no possibility of withdrawing from the collection of remuneration for a notarial act. It was also shown that another significant drawback of court proceedings for exemption from the costs of notary.s fees is another highly formalized procedure, which seems to discourage parties from submitting applications in this regard. The conducted analysis leads to the conclusion that the current legal regulations regarding the determination of remuneration for notarial activities and the institution of court exemption from the costs of notary’s remuneration do not provide adequate protection to the parties to notarial activities. As a consequence, a postulate was expressed to start a broader discussion on changing the model of remunerating notaries in Poland.
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