Legislator Case Law & Legislation
III ZS 20/10 AI generated

Supreme Court ruled notary's duty to act as mentor is public law, overriding implied consent.

Case Number III ZS 20/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland annulled a Chamber of Notaries' decision appointing a notary as an applicant's mentor without explicit consent. The Ministry of Justice argued that the notary's public-law duties as a public trust officer and member of the notarial self-governance body necessitated accepting the appointment. The court held that while the notary's freedom is narrower than a citizen's, the public interest in training applicants and the statutory obligation of the notarial body to organize applications prevail over the notary's potential refusal.

Legislator headnote

AI generated

Art. 17 ust. 1 Konstytucji; art. 26 § 2 Prawa o notariacie; The notary's obligation to accept a mentorship appointment designated by the competent Chamber of Notaries is a public-law duty that cannot be waived by the notary's lack of explicit consent.

Keywords

AI generated
public law duty notary mentorship public interest notarial self-governance training applicants statutory obligation public trust officer

Cited Legislation

AI generated
Art. 17 ust. 1 Konstytucji
art. 26 § 2 Prawa o notariacie
art. 17 ust. 1 Konstytucji RP
art. 17 Konstytucji
art. 17 ust. 1 Konstytucji

Cited Case Law

AI generated

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