The term „notarial act” appears both in the language of legal acts and in professional literature. And it is understood in different ways. In particular, it may be interpreted as an action of notary or as a document resulting from this action. Scholars aim to specify the essential elements of this term. However, the findings related thereto are not crucial because what constitutes a notarial act is directly determined by the legislator, providing an exhaustive list of notarial acts and the legal regime for their performance. Therefore, the most important feature of a notarial act is that it is carried out by a notary in order to grant it official credibility by drafting an official document. Any irregularities in performing a notarial act do not affect its validity, but influence the assessment of the act’s reliability and credibility. A notary may even be entrusted with tasks of a contentious nature, requiring authoritative judgment expressed in a document that binds the parties in dispute.
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.
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.