The notary is a business entity – the resolution of the Polish Supreme Court

As part of a proceeding before a Circuit Court, a legal issue arose which was essentially a question whether a notary is a business entity within the meaning of the Act on 28 February 2003 Bankruptcy and Rehabilitation Law (text in: ISAP) in conjunction with Art. 43(1) of the Polish Civil Code (text in: ISAP).

In reply to the legal issue, the Supreme Court has today passed the following resolution (case no. III CZP 4/16): “A notary is a business entity (Art. 43(1) of the Civil Code).”

In its extensive statement of grounds for the resolution, the Supreme Court offers an in-depth analysis of notary’s profession and also considers the relevant laws since the transformation of the profession in late 1980s and early 1990s until now.

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