I PO 4/94
AI generated
Notary Chamber's resolution refusing to issue opinions violates statutory duty and is void.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 10 ust. 1 of the Notary Law
Art. 47 § 2 of the Notary Law