Legislator Case Law & Legislation
III SZ 3/96 AI generated

Notarial self-governance bodies cannot set fee rules; only state organs have this authority under Polish law.

Case Number III SZ 3/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially dismissed the Ministry of Justice's appeal against a notary chamber's resolution on fee standards. The court found that while the chamber lacked authority to set mandatory fee rules, it did have the power to request information and conduct inspections to prevent illegal payments. Consequently, the resolution's section on setting fee principles was struck down, but the sections regarding oversight and information requests were upheld.

Legislator headnote

AI generated

Art. 5 ust. 1 Prawa o notariacie; § 1 ust. 2 rozporządzenia Ministra Sprawiedliwości w sprawie taksy notarialnej: Only state organs, not self-governance bodies, possess the competence to regulate fee standards for notarial acts.

Keywords

AI generated
notary law fee regulation self-governance state authority notary fees legal oversight competence limits

Cited Legislation

AI generated
Art. 5 ust. 1 of the Notary Law
§ 1 ust. 2 of the Minister of Justice's Regulation on Notary Fees
Art. 47 § 1 of the Notary Law
Art. 47 § 2 of the Notary Law
Art. 35 pkt 2 of the Notary Law
Art. 44 § 1 and 2 of the Notary Law

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