Who is a notary and what does he do?

Who is a notary and why is he needed?

There are many transactions that are concluded quite simply and without the participation of third parties. So, in order to sell an apartment or a car, in most cases, the parties just need to sign contract of sale (in the case of an apartment, also register it with Rosreestr). If we are talking about an amount of less than 10 thousand, individuals mayCivil Code of the Russian Federation, article 161 "Transactions made in simple written form" do not sign anything at all and come to an oral agreement.

But sometimes a deal is a must mustCivil Code of the Russian Federation, article 163 "Notarization of the transaction" notarize. This usually happens if it carries potential risks. For example, it is highly likely that it will be challenged or someone's rights will be infringed.

A notary is a specialist who helps with the correct execution of a transaction. He acts as the party that has the knowledge to check the legality of what is happening, all the documents, to make sure that the parties, in principle, have the right to sign something. He explains the consequences of the agreement to the participants, confirms their capacity. And he also keeps his copy of the contract, which can always be requested if all the others are lost.

The participation of a notary does not fully insure against subsequent disputes and lawsuits, but it significantly increases the chances that the terms of the contract can be preserved. But attempts to do without a specialist are fraught with trouble. If, according to the provisions of the Civil Code, a transaction must be certified by a notary, but he did not, it is considered void. That is, from the point of view of the law, it was as if they did not conclude it.

What transactions must be certified by a notary?

1. Annuity agreement

it dealCivil Code of the Russian Federation, Article 584 "Form of an annuity agreement", during which the owner gives someone his property in exchange for a periodic payment of money or maintenance in another form.

Often it is concluded by older people. They transfer their housing to a person with the condition that they can live in their apartment or house until death. At the same time, the recipient of real estate, depending on the terms of the contract, must periodically transfer money to pensioners and / or buy and bring food and medicine, help with cleaning, and so on.

There are many nuances to this deal, especially for someone who pays the rent. You can read about them at separate material.

2. Alienation of a share in real estate

Alienation refers to the transfer of property in various forms. This is a sale and exchange, and donation, and other actions as a result of which the owner of real estate ceases to own it.

Until recently, all transactions in which shares in a house or apartment were sold were subject to notarization. For example, if a mother and daughter wanted to part with an apartment they owned in half, they and their buyers had to go to a specialist.

Now the rules have changed: if all owners want to sell their shares in one transaction, contact notaryFederal Law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate" no need. But if you want to sell only one piece of real estate, you can't do without it.

3. Alienation of property if it belongs to a child or a person recognized as having limited capacity

If someone cannot dispose of his property from the point of view of the law, a representative does it for him. For example, a parent, if we are talking about minors.

By law, guardian maybeFederal Law of April 24, 2008 No. 48-FZ "On guardianship and guardianship" do something with the property only in the interests of its owner. You can’t just sell a three-ruble note of a ward and buy a studio with that money. To prevent this from happening, there are procedures that prevent something like this from happening. For example, when selling housing owned by children, it is necessary to obtain the consent of the guardianship authorities. You will have to look to the notary for the same reasons.

4. Will

Will mustCivil Code of the Russian Federation, article 1124 "General rules concerning the form and procedure for making a will" be in writing and certified by a notary. In rare cases, it may be certified by another specialist. So, sometimes in the absence of a notary, this function is assigned to representatives of the local administration. But just writing the last will on a napkin and waiting for it to be fulfilled will not work.

Learn the details about how to make a will and how to get an inheritance, it is possible in separate materials.

5. hereditary contract

An inheritance contract is almost like a will. Only property is transferred not just like that, but on certain conditionsCivil Code of the Russian Federation, article 1140.1 "Inheritance contract". Suppose a grandson receives an apartment after the death of his grandmother, but at the same time he is obliged to feed and maintain her 10 cats and in no case get rid of them.

6. Marriage contract

By default, everything acquired in marriage is shared and divided in half. A marriage contract is an agreement that spouses can conclude in order to distribute property among themselves in different proportions. But the division must be fair.

When concluding a prenuptial agreement, many nuances come up. And there is a great risk that in the end one of the parties decides to challenge it. So conclude it canRF IC Article 41. Conclusion of a marriage contract only in the presence of a notary.

And if you want to know more about the prenuptial agreement, read our material.

7. Agreement on the payment of alimony

it documentRF IC, article 100 "Form of an agreement on the payment of alimony", which fixes the obligation to pay alimony. It fixes who, when, in what amount and for how long transfers money to the second party.

This agreement is beneficial to both parties. It (together with account statements or other similar papers) will allow the alimony payer to prove that the person fulfilled his obligations. And the recipient, if the money stops coming, can turn to the bailiffs to collect alimony without any trial.