Legislator Case Law & Legislation
III ZS 14/10 AI generated

Supreme Court allows Ministry to appoint notary as applicant's patron without consent.

Case Number III ZS 14/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the Notary Chamber's refusal to appoint a notary as a patron for a law applicant. The Ministry argued that the Chamber's decision violated the public interest in training applicants, while the Chamber claimed the notary had no statutory obligation to accept the role. The court ruled that the Chamber must organize the training process and that the notary's limited freedom of action within the profession requires them to accept the appointment to fulfill the public interest mandate.

Legislator headnote

AI generated

Art. 47 § 1 Prawo o notariacie; Art. 17 ust. 1 Konstytucji RP: The notary chamber must appoint a notary as a patron for an applicant without the notary's consent to fulfill the public interest in training, overriding the notary's individual freedom of action.

Keywords

AI generated
notary law patron appointment public interest notary chamber constitutional freedom training applicants statutory obligation

Cited Legislation

AI generated
Art. 47 § 1 of the Notary Law
Art. 47 § 2 of the Notary Law
Art. 17 ust. 1 of the Constitution of the Republic of Poland
Art. 26 § 2 of the Notary Law
Art. 72 § 1 of the Notary Law
Art. 73 of the Notary Law
Art. 35 pkt 3 of the Notary Law
Art. 71 § 3 of the Notary Law
Regulation of 22 December 2005
art. 17 ust. 1 Konstytucji RP

Cited Case Law

AI generated

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