Key Aspects of the Notarial Form of Deals with Shares in the Ownership of Real Estate: Compliance with the Principles of Justice and Good Faith

The presented study criticizes the importance of observing the notarial form of transactions involving shares in ownership of real estate. The various legal positions of judicial practice are analyzed, based on an ambiguous interpretation of the norms of general and special laws. The authors highlight the problem of ignoring the general rule about the need for a notarized form of transactions and warn about the possibility of nullity of the transaction if these rules are not followed. As a result, the consequences of invalidating the transaction can lead to serious legal problems. The conclusions drawn by the authors make it possible to verify that even if there is a formal certification of the transaction by a notary, this does not always guarantee its legality and enforceability. The key aspect in legal relations is not only the observance of form, but also the observance of the principles of fairness and good faith.