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Posted in Home Improvement, Marketing, Travel on November 7th, 2009

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The information is given to the citizens interested in its reception and legal bodies, public authorities and local governments on the basis of their written statement (inquiry) in which the name of object of the real estate is underlined, its site, the name of the applicant. As a rule, the information on concrete object of real estate for a corresponding payment.

Chapter 5. Consequences of non-observance of the notarial form of the transaction and the requirement about its registration

In item 165 ГК it is provided: non-observance of the notarial form, and in cases, - requirements about the state registration of the transaction attracts its invalidity. Such transaction is considered insignificant.

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Posted in Automotive, Computers, Self Improvement on November 2nd, 2009

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The transactions which are subject to the obligatory notarial certificate

According to item 163 ГК the Russian Federation the notarial certificate of transactions admits obligatory two cases:

- Under the law;

- Under the agreement of parties (even if under the law for transactions of the given kind this form is not required).

The civil code of the Russian federation contains direct instructions on the obligatory notarial form of such transactions as:

- The power of attorney on fulfilment of the transactions demanding the notarial form, should be notarially certified, it is specified in item 2 of item 185 ГК the Russian Federation;

-

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According to item 1 of article 6 of the Federal law of the right to the real estate, the coming into force which have arisen till the moment of the present Federal law, admit legally valid in the absence of their state registration entered by the present Federal law. The state registration of such rights is spent at will of their owners.

The spent state registration of occurrence and transition of the rights to real estate makes sure the certificate on the state registration of the rights. The spent state registration of contracts and other transactions makes sure by means of fulfilment of a special registration inscription on the document expressing the maintenance of the transaction (item 1 of item 14 ФЗ).

The rights to a personal estate by the general rule are not subject to the state registration. However the law can provide necessity of such registration for separate kinds of a personal estate.

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Posted in Education, Finance, Self Improvement on October 30th, 2009

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In the document which volume exceeds one sheet, sheets should be stitched, strung together and under seal (item 44,45 of Bases of the legislation of the Russian Federation about a notariate).

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Posted in Education, Internet, Travel on October 12th, 2009

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Starting the transaction certificate, the notary establishes persons addressed for its certificate, and also checks capacity of citizens or правоспособность legal bodies (item 42, 43 Bases). Capacity of citizens in full arises after achievement of majority by them, i.e. 18-year-old age (item 21 ГК the Russian Federation).

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The contract on apartment house alienation (a house part), the apartments, being in a city or settlement of city type, is subject to registration in the Municipal enterprise of technical inventory (МПТИ), carrying out structure registration. The contract on alienation of vehicles is registered in motor licensing and inspection department bodies.

The agreement on cancellation of the contract on property alienation can be issued as by drawing up of the separate document which joins the contract, and an inscription on all copies of the contract signed by the parties.

The maintenance of notarially certified transaction, and also the statement of other documents should be it is read aloud by participants. The documents which are made out in a notarial order, subscribe in the presence of the notary.

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Obviously should know about its illegality (item 173 ГК the Russian Federation).

If powers of the person on transaction fulfilment are limited by the contract or powers of body of the legal person - its constituent documents how they are defined in the power of attorney, in the law or as they are defined in the power of attorney, in the law or as they can be considered obvious of conditions in which transactions are made, and at its fulfilment such person or body have fallen outside the limits these restrictions, the transaction can be recognised by court by void under the claim of the person in which interests restrictions are established, only in cases when it will be proved, that other party in the transaction knew or obviously should know about the specified restrictions (item 174 ГК the Russian Federation).

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Posted in Education, Home & Family, Technology on October 7th, 2009

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The requirements shown to the made transaction are uniform also. The notary should check up: whether the transaction contradicts the legislation, whether the demanded form is observed, and also to define object of the civil rights. If the transaction has property character it is necessary to specify, it concerns what kind of property - movable or immovable. As all real estate is registered by the state, whether the notary checks the given property of the state registration was subject and whether is the given person the proprietor of alienated or pawned property.

The contract on alienation of the property consisting on the account, and also the agreement on cancellation of such contract after its registration in corresponding body should be presented for registration in a place of the account of that property about what it is underlined in удостоверительной to an inscription and is

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Posted in Internet, Relationships on October 2nd, 2009

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Provides the obligatory notarial certificate of the Marriage contract.

Also at will of the parties the notary can certify and other transactions.

In comparison with the former legislation the new Civil code of the Russian Federation narrows a circle of the transactions which are subject to the obligatory certificate. In old ГК RSFSR of 1964 were subject to the obligatory notarial certificate:

- договоры about alienation (purchase and sale, мены, donations) an apartment house or a part of the house or apartment in an apartment house of building collective of the individual builders who are in a city or settlement of city type (item 239 item, 255, 257 Civil Codes of RSFSR of 1964.)

- Article 195 ГК RSFSR 1964г. The obligatory notarial certificate of the contract of apartment house pledge (a house part), apartments was provided

- договоры about erection of an individual apartment house on the personal property right to the taken away ground

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Posted in Home & Family, Law, Spirituality on October 1st, 2009

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The notariate provides this help by fulfilment by notaries of notarial actions.

The notariate carries out essential protection of the rights and legitimate interests of participants of a civil turn, first of all, in sphere obligations правоотношений; the conclusion and execution basically property transactions. The important place among them is occupied with transactions with the real estate. Article 53 of Bases of the legislation of the Russian Federation about a notariate provides the obligatory notarial certificate of transactions for which directly the law establishes the given form and in cases of the parties provided by the agreement, also these positions are stated in 163 article of the Civil Code of the Russian Federation