The legal function of the notarized form of agreements for transfer of ownership to the land plot

N.S. Budnetskiy

Moscow State Linguistic University, Moscow, 119034 Russia

E-mail: nikolay_budnetskiy@rbcmail.ru

Received February 2, 2017

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Abstract

The functions of notarization of transactions with land plots in the European legal systems and the problems hampering implementation of these functions in Russia have been considered with the help of the comparative legal method. The issues of law enforcement in Russia and foreign countries, which may be resolved by the proper form of agreements for the transfer of ownership to land plots, have been analyzed. A number of conclusions that prove the need for obligatory notarization of land plot acceptance acts, with account of the requirements of Art. 302 (1) of the Civil Code of the Russian Federation in particular, have been made. The main aim of this paper is to prove the need for such new rule on notarization.

The paper discusses several scientifically relevant conclusions. Firstly, it has been suggested to extend the statutory duties of the notary (including the obligation to make protocols, in which all concerns of the notary and parties on the transaction validity would be reflected). Secondly, it has been emphasized that the notary must have an archive of all documents on the transaction, which may be used as evidence in the future. Thirdly, it has been noted that the “simple” non-notarized written form of transactions with land plots under the current Russian law does not restrict their conclusion by the absent parties, which contradicts both the classical legal ideas and the practical needs of the turnover, thereby being another reason for implementing the notarized written form of land plot acceptance acts.

The obtained results have significant importance for improvement of the activity of Russian notaries and display the risks that the parties bear in the absence of the requirement for the notarized form.

Keywords: land plot, form of contract, notarization

References

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For citation: Budnetskiy N.S. The legal function of the notarized form of agreements for transfer of ownership to the land plot. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 383–391. (In Russian)

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