Akt notarialny na tle przemian historyczno-kulturowych w  Polsce

  1. Anna Dunin-Dudkowska

Abstract

Notariaal Deed in relation to social and cultural changes in Poland

The contemporary Polish notarial deed is a multi-segment text, whose primary intention is a change of the extralinguistic reality. The image of the world seen through such an utterance focuses on the material sphere of social life and protects its essential values. The stylistic aspect of the genre includes the normative and impersonal point of view, formulaic language garment, precision and explicity of expression. The tradition of the genre goes back to the culture of the ancient Rome and Greece. In Poland this instituion has been in operation since the 18th century, yet due to the tradition of registration of agreements transferring real estate and establishment of mortgages to the books of land courts, the secular system of the institution of a notary public did not develop in Poland of those days. An attempt to increase the importance of this system was made by the Zamość Academy, but a mature institution of public trust was created only upon the introduction of the Napoleonic Code in Poland in 1808. When Poland regained independence in 1918, intensive works were commenced to unify the civil law, which resulted in the adoption of the first Polish notary law in 1933. In the Polish People’s Republic the law based on the jurisdiction of the Soviet Union was binding, which distorted the idea of the Latin public notary institution. After the transformations of the system in Poland, in 1991 a new Notary Law was adopted, which guarantees the certainty of real estate sales as well as the effectiveness and stability of other civil law actions. Strong steadiness and identity of the genre strengthen the confidence of citizens in reference to the rights they possess.

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Język a Kultura

23, 2012

Strony od 135 do 150

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