The Polish judiciary has been struggling with the chronicity of proceedings for years. Draft Act amending the Act – Law on notarial and certain other laws (UD) 383 (hereinafter referred to as “the bill”), which went to the opinion, provides for the introduction of new powers of notaries. The proposed changes are intended to relieve the work of the courts, including in particular the courts of perpetuity.
Perpetual use reform carried out in connection with the January 2019 provisions of the Act of 20 July 2018 on the conversion of the right to use perpetual land built for housing purposes to ownership of these land (i.e.
Journal of Laws of 2019, item 916) which aims to enable perpetual users to transform their rights into property rights, has led to an extension of the examination of applications for registration in perpetual books by the courts of perpetual accounts.
According to the data provided by the Ministry of Justice, 2020 to the courts of the ages 5,000,000 cases of which the average time of diagnosis one the case is about 3 months.
The notary will be able to make an entry in KW
The draft law amending the Law on notarials, in its intention, aims to equip notaries with the power to enter into eternal books. These powers would concern the establishment of new perpetual books by separating the local property from the built-up land property when the seller is an entrepreneur and entering into the mortgage.
Under the draft law, the wording of the article would be amended. Article 6268(8) KPC Act of 17 November 1964 Code of Civil Procedure (i.e. Journal of Laws of 2021, item 1805) according to which: ‘The entry in the perpetual book signed by a judge, judicial referee or notary shall be deemed to have been made when it is recorded in the central database of perpetual books’.
However, the proposed changes would require the adaptation of the IT system and the status of users in this system. The entry in the land register would be based on the documents on which the alert is based and would be accompanied by a qualified electronic signature. The role of the courts of perpetuity would remain the formal service to applicants of the notice of entry in the land register.
The notary will be able to issue a notarial order for payment
An additional right of notaries would be to issue notarial payment orders. Undisciplinaryly sanctioned notary who by at least 3 years he runs a notarial law firm, in accordance with the draft law, could apply to the Minister of Justice for authorisation to issue notarial payment orders. The amendment to the notarial law provides for the following regulation in this respect:
„Upon written request, the notary shall issue a notarial order for payment covering claims up to 75,000 PLN, where the merits of the claim in question are not doubtful, in particular where the claim in question is proved to be accompanied by:
- an official document;
- the account accepted by the debtor;
- the debtor's request for payment and the debtor's written declaration of recognition.’
Should the notary fail to see the grounds for issuing a notarial order for payment, he will be able to draw up a protocol to be served on the applicant. The bill provides for certain restrictions in the number of notary payment orders issued in a given month. According to the planned regulation, the monthly limit would be 200 payment orders per month.