NOTARIAT IN POLAND

The contemporary notariat is an institution guaranteeing security of legal transactions and their compliance with law in force (frequently being referred to as a third and trusted party to a legal transaction). European notariats are different in terms of their functioning, types of transactions performed by notaries and scope of notarial liability. Notwithstanding the above, the notariat plays a significant role in the preventive justice system of all countries, which is reinforced in majority of cases by centuries-old traditions.

The activities of Polish notaries and of the notarial professional organisation in Poland are governed by statute, i.e. by the Polish Notaries Law Act of 14 February 1991 (unified text: Journal of Laws [Dz.U.] of 2019, item 540). The system of the Polish notariat shares some common features with other European Latin-type jurisdictions (systems of law based on principles originating from Roman law). The systemic rules determining the activities of the notarial professional organization arise from Section 17 (1) of the Constitution of the Republic of Poland. In accordance therewith, a professional organization representing the profession in which the public places confidence shall safeguard the proper practice of such profession in accordance with and for the purpose of protecting the public interest.

The notarial professional organization is formed by notaries. It consists of regional notarial chambers and the Polish National Council of Notaries. The said Notaries Law Act constitutes a legal basis for its activities. Regional notarial chambers and the Polish National Council of Notaries are the organizational units of the notarial professional organization. A regional chamber of notaries is composed of notaries running notarial offices within the constituency of the competent appellate court, and its seat is located in the same city in which the competent appellate court has its seat. The membership in the notarial professional organization is mandatory.