Konstytucyjne podstawy ochrony wolności do dokonania czynności notarialnej
Constitutional Foundations for the Protection of Freedom to Perform a Notarial Action

Author(s): Sławomir Piekarczyk
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: A man’s subjectivity, connected immanently with their inherent and inalienable dignity, constitutes the foundation for their freedoms and rights. One of such freedoms is the freedom to perform a legal action, which can be fully realized with regard to legal actions of particular importance through the use of a legally notary form, which requires the notary to perform a notarial action. This, in turn, supports the claim that the freedom to perform a notarial action is a derivative of the freedom to perform a legal action, while both of those freedoms are protected by Article 31 (1) of the Constitution of the Republic of Poland. This paper attempts to identify further constitutional basis for the freedom to perform a notarial action as well as confront them with the relevant rules of the Polish Notary Public Act and, consequently, aims to determine whether those rules comply with the constitutional standards of protection of the abovementioned freedom.

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