Legislator Case Law & Legislation
I PO 4/94 AI generated

Notary Chamber's resolution refusing to issue opinions violates statutory duty and is void.

Case Number I PO 4/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland declared void a resolution by the Notary Chamber in K. that halted issuing opinions on notary appointments. The Chamber argued that creating new offices lacked a master plan, while the Ministry of Justice contended the law mandates opinion issuance regardless of such plans. The court ruled that statutory competence is a mandatory duty that cannot be waived or reduced by self-regulatory bodies.

Legislator headnote

AI generated

Art. 10 ust. 1 Prawa o notariacie; Art. 47 § 2 Prawa o notariacie: A self-regulatory body cannot unilaterally refuse to exercise statutory duties or reduce its mandated competencies through internal resolutions.

Keywords

AI generated
notary self-regulation statutory duty competence waiver administrative obligation notary appointment legal competence internal resolution

Cited Legislation

AI generated
Art. 10 ust. 1 of the Notary Law
Art. 47 § 2 of the Notary Law

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