Smirenskaya E.V. Institute of Real Estate State Registration and Notarial Certification of Transactions as a Whole Element of the Civil Turnover Stability: Legislation Innovations
DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.4
Elena V. Smirenskaya, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Notariate, Saint Petersburg State University, Law Department (Basic Department of Saint Petersburg State University), Universitetskaya Emb., 7/9, 199034 Saint Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: real estate represents the main material value for all civil turnover participants and for citizens it is sometimes the only material value, the rights for which are subject to the state registration. At the same time, state registration is not enough for protecting rights and legitimate interests of owners. Additional guarantees are necessary. The notarial certification of real estate transactions can give such guarantees. This legal mechanism is not new to our legislation, but due to the lack of requirements on the mandatory notarial form, unfortunately, it has been hardly ever used in civil turnover. The objective of the research is to study the interaction of two legal mechanisms directed to stability of civil turnover at the stage of reforming civil legislation. Methods: the methodological basis of this research is a set of the methods of scientific knowledge, among which the main are the comparative and legal method and the method of the analysis. Results: the paper presents the author’s position on the necessity of setting standards on mandatory notarial certification of real estate transactions which relies on the last changes in legislation and shows the scientific and practical points of view as well. Conclusions: the research reveals the direct interaction and complementarity between the notarial certification of transactions and the state registration of real estate rights as a whole element of stability and legitimacy of the civil turnover. The article establishes that the unity of these legal mechanisms allow to protect the owners’ rights and legitimate interests in the best way, and eliminate any further dispute of the registered rights.
Key words: real estate rights, real estate state registration, notarial certification of transactions, real estate transactions, mandatory form, registration procedure, Unified Information System of Notaries.
Citation. Smirenskaya E.V. Institute of Real Estate State Registration and Notarial Certification of Transactions as a Whole Element of the Civil Turnover Stability: Legislation Innovations. Legal Concept, 2019, vol. 18, no. 1, pp. 30-39. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.4
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