The systemic position of the notary public under the Polish Notary Public Act of 24 May 1989 Cover Image

Pozycja ustrojowa notariatu na gruncie prawa o notariacie z 24 maja 1989 roku
The systemic position of the notary public under the Polish Notary Public Act of 24 May 1989

Author(s): Tomasz Woś
Subject(s): History of Law, Public Administration
Published by: Uniwersytet Adama Mickiewicza
Keywords: notary; person of public trust; notary public self-government; state notary offices; individual notary offices;

Summary/Abstract: The present article attempts to delineate the systemic position of the notary public according to the Polish Notary Public Act of 24 May 1989. This new regulation was an act connected with the political transformation in Poland and it constituted the first step towards the return to the notary public traditions which had been developed during the interwar period. The systemic solutions of the Polish Notary Public Act of 1989 constituted a compro- mise between the aspirations of the notaries and the position of the authorities, which were determined by the contemporary political situation. This act’s most important achievements included defining a notary as a person of public trust in Article 1 § 2, the reactivation of the notary public self-government, and allowing the establishment of individual notary offices. The Council for Notary Affairs appointed to the Ministry of Justice was the first central self-government body of notaries in years, and it allowed them to express their opinions and put forward proposals in matters which were important for the notary public system in Poland. After initial difficulties associated with the establishment of the system of financing of individual notary offices, this organizational format of notary activity became popular and it attested to the clear and obvious will of notaries to abandon the state notary model.

  • Issue Year: 75/2023
  • Issue No: 1
  • Page Range: 181-199
  • Page Count: 19
  • Language: Polish