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The Notarial Writ of Execution on a Loan Agreement: Challenging Issues 贷款协议的执行令状:具有挑战性的问题
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-43-47
T. V. Yaroshenko
{"title":"The Notarial Writ of Execution on a Loan Agreement: Challenging Issues","authors":"T. V. Yaroshenko","doi":"10.18572/1813-1204-2023-2-43-47","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-43-47","url":null,"abstract":"The article deals with topical issues of interaction between banks and a notary through such forms as a notary’s executive inscription on a loan agreement. The features and special rules for making a notary’s writ of execution on a loan agreement are analyzed, some proposals are made to improve legislation on challenging a notary’s writ of execution by a debtor on a loan agreement.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125778786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Notarial System in Russia: The Historical Aspect 俄罗斯的公证制度:历史的视角
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-48-52
N. K. Sidorova
{"title":"The Notarial System in Russia: The Historical Aspect","authors":"N. K. Sidorova","doi":"10.18572/1813-1204-2023-2-48-52","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-48-52","url":null,"abstract":"In this article, the author reveals the historical foundations of the creation and development of the notary in Russia (pre-Soviet period), shows the development of the notary since its foundation as an independent tool for the protection of rights and legitimate interests, an independent institution in the field of non-judicial protection of citizens.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117208803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
An Analysis of Amendments to Laws on the Notarial System Introduced in 2023 2023年《公证制度法律修正案》分析
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-2-5
Yana Yu. Iskenderova
{"title":"An Analysis of Amendments to Laws on the Notarial System Introduced in 2023","authors":"Yana Yu. Iskenderova","doi":"10.18572/1813-1204-2023-2-2-5","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-2-5","url":null,"abstract":"The article deals with topical issues of the activities of notaries that require legislative and organizational consideration. The laws that come into force in 2023 and affect a wide range of notaries’ duties are analyzed, they receive the status of mandatory by virtue of the fixed legislation, the cost of notary services from October of this year is indicated, which will be calculated according to the new tariff schedule, which is recognized to act as a guarantee of access to notarial actions for all categories of the population, thereby ensuring self-financing of notary activity and its progressive further development.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127165323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Land Plot and a Forest Plot 一个地块和一个森林地块
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-39-42
Denis A. Totochenko
{"title":"A Land Plot and a Forest Plot","authors":"Denis A. Totochenko","doi":"10.18572/1813-1204-2023-2-39-42","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-39-42","url":null,"abstract":"The article examines the features of the relationship of such concepts as land and forest land. The author considers the possibility of a forest plot to act as an object of civil and other relations. In addition, the definition of the concept of a part of a forest plot is proposed.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129454587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On Contra Legem Interpretation of the Provisions of Inheritance and Family Laws 论《继承法》和《家事法》条款的反法律解释
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-32-38
A. V. Fioshin
{"title":"On Contra Legem Interpretation of the Provisions of Inheritance and Family Laws","authors":"A. V. Fioshin","doi":"10.18572/1813-1204-2023-2-32-38","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-32-38","url":null,"abstract":"The article is devoted to such a kind of interpretation of the norms of hereditary and family legislation as contra legem. The reasons for the existence of this kind of interpretation are indicated. The position on its inadmissibility is analyzed. Examples of contra legem interpretation of the norms of inheritance and family legislation by the Supreme Court of the Russian Federation and lower courts are considered. The question of whether it is possible to put an equal sign between the type of interpretation under consideration and the analogy of the law is investigated. It is concluded that the interpretation of contra legem is rarely used by courts and is based on relevant principles of law.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115414691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Unworthy Heir Institution: Civil Law and Criminal Law Aspects 不愧为继承人制度:民法与刑法方面
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-23-25
Zaur U. Gasanov
{"title":"The Unworthy Heir Institution: Civil Law and Criminal Law Aspects","authors":"Zaur U. Gasanov","doi":"10.18572/1813-1204-2023-2-23-25","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-23-25","url":null,"abstract":"The purpose of this study is to form a holistic scientific understanding of the features of the institution of an unworthy heir in the Russian Federation. The article is devoted to the problem of recognition of an unworthy heir, a comparative legal analysis is given and the criteria for recognizing an unworthy heir are identified. The author substantiates the need to separate the motive of the committed offense and its connection with inheritance. The behavior of an unworthy heir can be expressed in the form of both action and inaction, which is also unlawful, intentionally direct. The paper makes a provision that the result of recognizing a person as an unworthy heir should not be the impossibility of inheriting the property of other persons. The author also proposes to establish a deadline for filing a claim for recognition of a person as an unworthy heir within five years from the moment such a person came into possession of the inheritance.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"211 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116154163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A SAFE Agreement as an Alternative to a Convertible Loan Agreement: Experience of Foreign Countries 外管局协议作为可转换贷款协议的替代方案:国外经验
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-57-60
S. Alekseeva
{"title":"A SAFE Agreement as an Alternative to a Convertible Loan Agreement: Experience of Foreign Countries","authors":"S. Alekseeva","doi":"10.18572/1813-1204-2023-2-57-60","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-57-60","url":null,"abstract":"In 2013, the leading American accelerator Y Combinator introduced the new financing instrument modified to standardize and simplify investments in startups in seed financing rounds. The target of the instrument is based on its name SAFE — Simple Agreement for Future Equity. Nowadays SAFE has conquered the world of venture investments not only in the United States of America but in many jurisdictions such as in Austria, Germany, Italy, Norway, Sweden, and the United Kingdom. It has been amended and become a foundation for the large number of modified alternatives.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125191632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Substitution of Parties to an Obligation on Account of Inheritance 因继承而代替义务的当事人
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-26-31
V. Gruzdev
{"title":"Substitution of Parties to an Obligation on Account of Inheritance","authors":"V. Gruzdev","doi":"10.18572/1813-1204-2023-2-26-31","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-26-31","url":null,"abstract":"The article is devoted to the study of hereditary succession in obligations. The cases of changes of persons in obligations with the participation of a deceased citizen as a creditor and debtor (declaration of the deceased by the court) are considered in detail. The situations of termination of the obligation due to the death of the party, which form exceptions to the general rule on the change of persons in the obligation due to inheritance, are analyzed. The legal assessment of the terms of the contract limiting the change of persons in the obligation, which is not inextricably linked with the personality of the deceased party, is given.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131360636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Donation of Residential Premises with the Donor Retaining the Right of Residence Therein. Is It Possible? (Part Two) (三)赠与住宅房屋，赠与人保留其居住权的。这可能吗?(第二部分)
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-14-19
A. V. Myskin
{"title":"Donation of Residential Premises with the Donor Retaining the Right of Residence Therein. Is It Possible? (Part Two)","authors":"A. V. Myskin","doi":"10.18572/1813-1204-2023-2-14-19","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-14-19","url":null,"abstract":"If a person owns a residential premises, such a person at any time can donate this residential premises. However, in practice, the question often arises about the admissibility of a gift agreement with the preservation of the right to live in such a room for the donor. The author, analyzing various norms of civil and housing legislation, expresses his point of view, and also shows the legal nature of the right of residence of the donor indoors.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125225439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Notarial Acts as a Means of Protection of Rights of the State 公证作为国家权利保障的一种手段
Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-9-13
E. Mikhaylova
{"title":"Notarial Acts as a Means of Protection of Rights of the State","authors":"E. Mikhaylova","doi":"10.18572/1813-1204-2023-2-9-13","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-9-13","url":null,"abstract":"The article analyzes the problem of protecting the rights and interests of the state in the context of notarial activities. The author proceeds from the dualistic nature of the domestic notaries, but considers it as a means of legal protection and protection of not only private, but also public rights and interests. It is shown that the state can act as a subject of not only public law, but also private law relations, without changing the fundamental principles of civil circulation. Emphasis is placed on the fact that participating in private law relations, the state, nevertheless, implements public interests. The issue of notarization of civil law transactions, in which the state is a participant, is considered, proposals are made to improve the current legislation in terms of fixing the mandatory notarization of arbitration agreements with the participation of the state, a notarized mediation agreement as a basis for refusing to accept a statement of claim, as well as a special status of a notary certified transaction as “indisputable evidence” in cases of action proceedings.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"45 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133680991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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