The notary legal acts - de lege lata and de lege ferenda
PDF (Język Polski)

Keywords

notarial deed
new technologies
notarization
notarial legal acts
online legal acts
C
COVID-19

How to Cite

Rott-Pietrzyk, E. M., Zoll, F., Szostek, D., & Grochowski, M. (2020). The notary legal acts - de lege lata and de lege ferenda. Forum Prawnicze, (4(60). https://doi.org/10.32082/fp.v0i4(60).369

Abstract

The text attempts to conceptualize the possible reform of the procedure of making notarial deeds in Poland. It examines the
feasibility of drafting and signing these deeds in the course of online communication between parties. The analysis builds
on the significant constraints for the classic notarial procedure (based on paper documents and on the physical presence of
a notary and parties) that were triggered by the COVID-19 pandemic. Its aim reaches, however, further beyond the present-day
realities and seeks possible ways to generally modernize provisions on notarial deeds and to adjust them to the growing
proliferation of online communication in the society. The text ascertains that the existing structure of provisions on notarial
deeds already allows for making notarial deeds online, without profound legislative changes. It can be achieved predominantly
by altering the attitude towards interpretation of these rules, especially through a more profound insight into the function of these provisions and the interrelation between their rationale and the features of the online communication. In the latter
regards, the text makes an in-depth scrutiny of possible guarantees for communicational efficacy and for authenticity of
notarial deeds that are provided by the advanced methods of transmitting and storing data online.

https://doi.org/10.32082/fp.v0i4(60).369
PDF (Język Polski)

References

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