Tytuł pozycji:
Jurysdykcja notarialna
The subject of analysis covered in the article is notarial jurisdiction: its possible approaches, proposed definition, relationship between notarial jurisdiction and notarial acts (instrumental, attestational, and registrational), boundaries of notarial jurisdiction, and its past and future evolution. The starting point for the analysis is the status of a notary as a public official and - after defining the concept of jurisdic-tion itself - its relation- ship to the concept of notarial acts. By defining notarial jurisdiction broadly as the entirety of a notary's competencies encompassing the performance of notarial acts directed towards preventive jurisdiction, one must primarily consider its potential boundaries. The boundaries of such understood notarial jurisdiction are primarily determined by the constitutional limits on exercising judi-cial power, which should be understood as meaning that notarial jurisdiction can expand as long as any new competencies granted to notaries within its scope do not encroach upon the domain reserved for the exclusive jurisdiction of courts. Therefore, the purported lack of impartiality or independence of notaries does not hinder the potential expansion of the scope of notarial jurisdiction, but rather the lack of authority to adjudicate disputes by entities not part of the judicial power. An analysis of past changes in the scope of notarial jurisdiction shows that its scope is dynamic and subject to constant changes. These changes occur simultaneously in two directions. On the one hand, there is an expansion of nota-rial jurisdiction through the creation of new notarial acts, while on the other hand, jurisdiction undergo-es certain restrictions, resulting from the introduction of alternative forms of performing certain acts, especially in electronic acts. This phenomenon can be succinctly summarized as the parallel expansion of the scope of notarial jurisdiction with the simultaneous narrowing of the scope of notarial compul-sion. However, de lege ferenda, it is essential to advocate primarily for the expansion of the scope of acts subject to the obligatory form of a notarial deed, and only subsequently for the creation of new forms of notarial acts that are not deeds.