Notarization of the transaction is one of the services provided to citizens and organizations. In many cases, contacting authorized persons is a personal initiative of the subjects. According to the law, most transactions are allowed to be executed in ordinary writing. However, according to the established tradition, subjects continue to contact officials to obtain greater guarantees. Let us consider in detail how notarization of a transaction is carried out.
General information
Notarization of real estate transactions is not directly prescribed by law. This situation is due to the introduction of the Federal Law governing the registration of rights to objects. However, in practice, a variety of situations can arise. Therefore, in order to protect themselves and protect their rights, subjects turn to notaries. The procedure involves the commission of a special inscription on the document by an authorized person. Meanwhile, notarization of the transaction is not just this. The entire confirmation process is regulated by relevant standards and is carried out in a specific order. The procedure is aimed at ensuring the validity (legality) of the contract being drawn up.
Normative regulation
The rules of transactions are devoted to many legal acts. The main provisions are present in the Civil Code, federal laws, presidential decrees, government decrees, orders of ministries and other authorities. Article 153 of the Civil Code contains the wording of the concept of a transaction. In accordance with the norm, it involves the performance of actions by organizations and citizens aimed at changing, establishing, terminating duties and rights. The transaction is considered as the most common legal fact.
Classification
In practice, entities make a variety of transactions. The legislation does not contain an exhaustive list of all their types. Meanwhile, a certain distinction is made in the norms. The subject composition is one of the classification criteria. According to article 154 of the Civil Code, transactions can be single, multi, and bilateral. Within the framework of the topic under discussion, classification by the form of fulfillment is of interest. Transactions can be executed in person or through a representative. Separately, the Civil Code establishes the types of invalid contracts and the conditions for recognizing agreements as such.
Notarization of the transaction: goals
Authorized persons addressed by organizations and citizens should ensure the protection of the interests of these entities. This task is realized primarily through the fulfillment of all requirements enshrined in legislative and other acts, including civil law norms. To recognize a contract valid, it must be drawn up on the basis of a volitional act of those persons who draw it up and sign it.
Conditions
Persons applying to a notary public must have legal capacity. The content of the contract is set forth in a document that complies with the rules established by law. The essence of the transaction should be consistent with the requirements of the norms. If it is not provided for by law, then its content should not contradict the foundations of the Civil Code. In addition, it is necessary that the result of the action is consistent with the real intentions of the parties.
General rules
To conclude any transaction, according to the law, the will of the participants is necessary. If it is unilateral, then this rule applies to one person. The conclusion of the contract is carried out by agreement of the participants. There can be two, three or more. According to the Civil Code, with the notarization of unilateral transactions, the will and presence of one person on behalf of whom the action is performed is sufficient. These include, in particular, power of attorney, wills, refusals of inheritance, etc. If multilateral transactions are certified, the presence and will of each participant is necessary. They can be seller and buyer, donor and donee, mortgagee and mortgagor. It is necessary that the will of all participants be consistent.
Regulations
The notary is obliged to find out the will of the parties to the transaction. To accomplish this task, the authorized person checks:
- Compliance of the content of the contract submitted for certification with the real intentions of the participants. To this end, relevant questions are raised before the parties.
- Legal capacity of citizens, legal capacity of legal entities participating in the procedure. If actions are performed by representatives, they are checked for the appropriate powers.
Order
In accordance with the established rules, the notary must:
- Explain the meaning and meaning of the draft contract submitted to him.
- Check that the contents of the document comply with legal requirements.
- To establish the identities of the subjects who turned to him.
- Read the contents of the transaction to the participants.
- Offer to sign the document in his presence.
- Register the contract in the registry.
Strict implementation of these rules ensures the validity of the procedure and gives the documents an undeniable character. Entities applying to an authorized person must be provided with identification papers and, in fact, an agreement. Representatives submit an additional power of attorney.
Which transactions are subject to notarization?
Confirmation of the validity of contracts is carried out by law or by agreement of the parties. In the latter case, the rules may not prescribe that notarization of transactions is mandatory. The agreement of the parties is a legal fact and has legal force. The legislation defines the following transactions subject to mandatory notarization :
- A pledge to ensure the fulfillment of obligations under a contract that must be certified. This rule is present in article 339 of the Civil Code (Clause 3).
- Rent, maintenance for a dependent period (Article 584).
- Assignment of notarized transaction requirements. The corresponding rule is established by Article 389 of the Civil Code (paragraph 1).
- Transfer of debt under a notarized transaction. The requirement is enshrined in 391 articles (paragraph 4).
- Agreement on termination / amendment of a contract certified by a notary. The rule provides for article 452, paragraph 1.
- A preliminary agreement, if the main contract in the future will be executed with a notarial certificate. The corresponding requirement is present in article 429 (paragraph 2).
- An agreement between the pledge holder and the pledgor on the enforcement of claims on property. The corresponding rule is enshrined in Article 55 of the Federal Law "On Mortgage".
- Alimony Agreement. The rule is established in article 100 of the UK.
- Marriage contract. The requirement of notarization is provided for in article 42 of the UK.
- A will containing, inter alia, a refusal or laying upon. In some cases, as an exception, it is allowed to draw up a document in person with two witnesses.
- A power of attorney to conclude transactions for which notarization is required, to submit applications for state registration of contracts or rights, to dispose of rights registered in state registers.
- Power of attorney provided by the rules of re-delegation.
Nuances
Notarization of transactions is always mandatory in cases where an additional agreement to the main certified agreement is drawn up. It should be said that non-compliance with the established rules entails the invalidity of the document. If transactions requiring notarization have not been certified, and one of the participants has partially or fully fulfilled the established obligations, the court may at its request recognize the agreement as valid. In such situations, subsequent confirmation of the document is not required.
Claims
Transactions subject to notarization concluded in violation of the rules may be declared null and void. Claims for the application of consequences may be brought within three years from the date of commencement of execution. The law provides for another type of invalid transaction - disputable. A claim for the application of consequences in this case may be brought within 1 year from the date of termination of the threat or violence, under the action of which the contract was concluded. The calculation of the period may be carried out from the day when the victim found out or could become aware of other circumstances that serve as the grounds for invalidating the transaction.