III SZ 3/96
AI generated
Notarial self-governance bodies cannot set fee rules; only state organs have this authority under Polish law.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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