Monitor Prawniczy

no. 15/2020

Recognizing before a notary a signature on a document as personal and stating executability to the so-called transferrable clause

DOI: 10.32027/MOP.20.15.4
Tadeusz Zembrzuski
Autor jest adiunktem w Katedrze Postępowania Cywilnego na WPiA Uniwersytetu Warszawskiego, radcą prawnym, członkiem Biura Studiów i Analiz Sądu Najwyższego.
Abstract

In a notarial practice there are two types of legalization of a signature. In judicature it was decided that a document with a signature recognized by a notary as personal is a private document with a signature officially certified in the meaning of article 788 of the Code of Civil Procedure, therefore, it should be treated as a document signed in the presence of a notary. This opinion is a sign of a conviction that in actions taken by citizens one should look for mutual trust and a sense of responsibility, because an interaction scarred by prejudices and disloyalty deforms legal relations.