Under the current law there is no statutory definition of the term notarial deed; however, it is accepted that this document, drawn up by a notary in compliance with the provisions of the Act of 14 February 1991 on the Notarial Profession, has the character of an official document. The legislator provides for two situations in which the notarial act of drawing up a notarial deed may be performed: when the parties are obliged to do so by statute, or when the parties wish to give the document the form of a notarial deed.
When is the form of a notarial deed required?
Statutory provisions make the validity of certain transactions conditional on observing a special form, namely a notarial deed on pain of nullity. Accordingly, the form of a notarial deed is required, among others, for agreements concerning the transfer of ownership of real estate (including sale or gift), agreements forming certain commercial law companies, marital property agreements, a generic power of attorney to perform an act for which the form of a notarial deed is required, a declaration on the acceptance or rejection of an inheritance made before a notary, and the division of an estate / division of joint marital property where the estate/joint property includes real estate.