The role of the notary in the protection of family rights: trends and prospects

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

The article deals with the problems of theory and practice that arise in connection with the notarization of certain types of transactions made in the field of family relations (marriage contract, agreement on the division of common property of spouses, etc.). The author has identified common features of such transactions, identified their distinctive features, proved their influence on the procedure for their notarization. The issue of the role and significance of the activities of the notary as a body providing effective protection of the rights and legitimate interests of participants in family relations is considered separately, general trends in the development of family and notarial legislation in the Russian Federation are systematized.

Full Text

Restricted Access

About the authors

Natalie V. Letova

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: letovanv@mail.ru
ORCID iD: 0000-0001-7033-977X

Doctor of Law; chief researcher at the Procedural Law Sector of the Institute of State and Law of the Russian Academy of Sciences. Moscow, Russian Federation.

Russian Federation, Moscow

References

  1. Korsik K.A. Application in notarial practice of the provisions of the Federal Law of 29.12. 2006 No. 256-FZ “On additional measures of state support for families with children”. Notarial Bulletin. 2022. No. 1. Pp. 2–4. (In Rus.)
  2. Letova N.V. Maternal capital as a kind of social support for families with children: Problems of law enforcement and solutions. State and Law. 2022. No. 5. Pp. 96–103. (In Rus.)
  3. Commentary on the Fundamentals of Legislation on Notaries of the Russian Federation. K.A. Corsic (ed.). Moscow, 2023.
  4. Russian notaries: 25 years in the service of the state and society: Sat. articles. E.A. Borisova (ed.). Moscow, 2018.
  5. Klyachin E.N. The constitutional guarantee of everyone to receive qualified legal assistance is impossible without a fuller use of the potential of the notary. In: Notaries, state power and civil society: Current state and prospects. Moscow, 2007. P. 14.
  6. Alanina L.M. Notarial certification of transactions: novels of the current year. Notary. 2016. No. 5. P. 11. (In Rus.)
  7. Mikhailova A.S. Some aspects of the manifestation of the convergence of private and public law on the example of modern legal regulation of notarial activities. Notarius. 2017. No. 1. P. 10. (In Rus.)
  8. Letova N.V. Maintenance obligations: essence, material and procedural features. Socio-political Sciences. 2021. Vol. 11. No. 3. Pp. 133–140. (In Rus.)
  9. Dzyubrovskaya L.V. Agreement on the payment of alimony – an independent family law institution. Family and Housing Law. 2012. No. 6. P. 13. (In Rus.)
  10. Fomin V.A. Preventive and conciliatory functions of the notary institute. Judge. 2014. No. 7. P. 34. (In Rus.)
  11. Yarkov V.V. Modern notaries in Russia: the choice of the vector of development. Judge. 2014. No. 7. P. 8. (In Rus.)
  12. Tatarintseva E.A. Functions of a notary in the emergence and development of legal relations for the upbringing of children in a family. Notary. 2015. No. 1. P. 27. (In Rus.)
  13. Kulishova R.T. Specifics of the legal nature of notaries and notarial activities in the Russian Federation. Notary. 2016. No. 7. P. 3. (In Rus.)
  14. Ermakova A.V. The mechanism for eliminating the negative consequences of non-application of the “principle of introduction” during state registration of rights arising in the order of inheritance. Perm Legal Almanac. 2018. No. 1. Pp. 211–215. (In Rus.)
  15. Glushkova E.M. Section of accounts in social networks under a marriage contract: Theoretical and practical aspects. Notarial Bulletin. 2022. No. 1. Pp. 41–53. (In Rus.)
  16. Tsvetkov A.S. Actual issues of the practice of applying a marriage contract in notarial activities. Modern Law. 2017. No. 1. Pp. 27–31. (In Rus.)

Supplementary files

Supplementary Files
Action
1. JATS XML
Download


This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies