Zasady współżycia społecznego jako podstawa odmowy dokonania czynności notarialnej (uwagi na tle art. 81 Prawa o notariacie)

Abstract

The duty of a notary is to perform notary actions in accordance with the law (Art. 2 § 2, Notary Law). Categorically, Art. 81, Notary Law, demands refusal to perform a notarial action when such action would be illegal. Doubts emerge, however, as to whether this refusal rule should only be followed when a legal transaction intended by the parties is inconsistent with statutory law or whether moral and ethical norms, defined as the principles of community life/social coexistence, should also be considered. Primarily, widening recognition of the grounds for refusal to prepare a notary, increases protection to the parties engaged in a legal transaction. The notary’s preventative function would become more efficient. A wider interpretation of the phrase “contrary to the law” is in accordance with Art. 58 § 2, Criminal Code, which introduces the sanction of absolute nullity for legal transactions contrary to the principles of community life coexistence.