The process of the nationalizing of the notarial services in the first years after II World War

Tomasz Woś

Abstract


The article presents the process of the nationalizing of the notarial services in the first years after the Second World War in Poland. In this period the civil law, the criminal law, organization of justice and every legal institution has been changed because of social and economic conversions.                                                          After warfare, structure and system rules of the public notaries was still regulated by the notary law act of 27th October 1933 year on the Notary Law. In the first sequence the notaries have concentrated on restitution functioning of the notarial offices and the notarial houses and also they have made efforts to recover the public notaries. The important changes have stepped in functioning of the public notaries in 1946. Then three decrees were enacted completely, which have changed the notary law, but the act of 1933 on the Notary Law has not been amended.                                On 17th of July, 1946 the Minister of Justice issued regulation – the Temporary Instruction regarding reorganization of the notaries to determine the practice of using those three decrees. The notaries estimated negatively the Temporary Instruction. They underlined that provision of the Temporary Instruction underlines functioning of the public notaries. Under the influence of the public notaries Minister of Justice repealed the Temporary Instruction regarding  reorganization of the notaries in 28th of October 1947. After hawing achieved success on the way of normalization of the functioning of the post-war public notaries, in the second half of 1948 the situation considerably changed because of political problems.The public notaries put forward numerous proposals to keep the basic rules of the notary law from 1933 and to avoid the nationalizing of the public notary, for example the notary teamwork, they have not found apprehension in the department of justice.                      The position of the authority regarding the reform of the public notary, its organization, and its function was stated in the new notary law – the act of 25th May, 1951, which rejected the basic
rules of structure of the public notary from the interwar period and was based on the new principles, patterned upon the Soviet legislation.                                                                           The fundamental assumption of the new regulation was the rule that the public notary is state authority, which is acting by the public notary offices under control of the Minister of Justice and
his organs.                                                                            The return to the Polish tradition of the Instruction took place after several years, in 1991, due to the act on the Notary Law of 14th February, 1991.


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DOI: http://dx.doi.org/10.17951/sil.2013.20.0.101
Data publikacji: 2015-07-12 03:05:35
Data złożenia artykułu: 2015-07-08 01:24:45

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