Features of Notarization of Transactions Involving Spouses: Status and Prospects
- Authors: Letova N.V.1
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Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: Vol 3, No 2 (2024)
- Pages: 31-36
- Section: Private law (civil)
- URL: https://journals.eco-vector.com/2782-7372/article/view/633681
- DOI: https://doi.org/10.33693/2782-7372-2024-3-2-31-36
- EDN: https://elibrary.ru/FOWIRY
- ID: 633681
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Abstract
Purpose of the study. The article examines the problems of theory and practice that arise in the field of notaries in connection with the certification of transactions of spouses in relation to their common property. The regulatory discrepancy in the use of the terms “agreement”, “contract”, “transaction” in the field of family relations in comparison with civil relations is determined, the limits of multi-branch regulation of transactions are identified, and general problems associated with the registration of certain types of property of spouses are identified. It has been proven that the participation of a notary in such transactions is of particular importance, consisting in his performance of the function of public control over transactions involving spouses, ensuring the protection of their property rights on the basis of their mutual agreements.
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About the authors
Natalia 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
Dr. Sci. (Law); Chief Researcher, Procedural Law Sector
Russian Federation, MoscowReferences
- Logvina S. Marriage contract. Administrative Law. 2020. No. 3. Pp. 27–32. (In Rus.)
- Shvets A.V., Chubukina A.E. Legal nature of the marriage contract. Notary. 2022. No. 1. Pp. 28–31. (In Rus.)
- Izutina S.V. Marriage agreement in Russia: essence and application features. Issues of Russian and International Law. 2020. Vol. 10. No. 4-1. Pp. 83–90. (In Rus.)
- Kolesnikova Ya.E. Marriage contract in Russia: essence and problems of application. Scienceosphere. 2021. No. 4-2. Pp. 311–317. (In Rus.)
- Panyushkina E.A. Marriage contract in Russia: the path to a civilized solution to marriage issues. International Journal of Humanities and Natural Sciences. 2021. No. 1–3. (In Rus.)
- Ganicheva E.S. Legal assessment of the terms of a marriage contract establishing a regime of separate ownership of spouses for property that can be acquired after its conclusion. In: Commentary on judicial practice. K.B. Yaroshenko (resp. ed.). Moscow: IZiSP, CONTRACT, 2019. Issue 25. Pp. 42–54.
- Orlov A.V. Current legal problems of debt collection from an individual. Lawyer. 2019. No. 10. Pp. 59–70. (In Rus.)
- Chefranova E.A. Legal issues of notifying creditors about the conclusion, amendment and termination of a marriage contract. Notarial Bulletin. 2022. No. 4. Pp. 5–14. (In Rus.)
- Myskin A.V. On the issue of the admissibility of “splitting” the right of ownership of residential premises. Notary. 2018. No. 3. Pp. 26–30. (In Rus.)
- Yaroshenko T.V. History of the development of property relations between spouses in Russian law. Family and Housing Law. 2020. No. 5. Pp. 24–27. (In Rus.)
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