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THE SOCIAL EFFECT OF THE FREEDOM OF WILLS AS REFLECTED BY THE JUDICIAL PRACTICE 司法实践反映了意志自由的社会效应
Notary Pub Date : 2021-03-18 DOI: 10.18572/1813-1204-2021-2-37-41
L. Schennikova
{"title":"THE SOCIAL EFFECT OF THE FREEDOM OF WILLS AS REFLECTED BY THE JUDICIAL PRACTICE","authors":"L. Schennikova","doi":"10.18572/1813-1204-2021-2-37-41","DOIUrl":"https://doi.org/10.18572/1813-1204-2021-2-37-41","url":null,"abstract":"The author proves the idea of sanctity of the testator’s will and the development of opportunities for its most complete implementation in the laws as well as in the modern notarial practice. Judicial practice in cases on acknowledgment of a will invalid is in the center of the author’s attention. Its analysis has allowed to identify the tendency of acknowledgment of wills made in favor of persons taking care of the elderly over the last years of their lives invalid based on claims of relatives showing no concern and paying no attention to the elderly during their lifetime. In the meantime, wrongful acts of notaries expressed in violation of the procedure and the rules for performance of notarial actions have served as the grounds for acknowledgment of wills invalid. The author encourages notaries and judges to pay more attention to the testator’s will (intentions) and create all conditions to implement such will after the testator’s death as adequately as possible.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121874438","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
CONSEQUENCES OF PERFORMANCE OF LEGAL ACTIONS WITH NO PRELIMINARY PERMISSION FROM A GUARDIANSHIP AND CUSTODIANSHIP AUTHORITY 未经监护机关事先许可而实施法律行为的后果
Notary Pub Date : 2021-03-18 DOI: 10.18572/1813-1204-2021-2-18-23
Yuriy S. Povarov
{"title":"CONSEQUENCES OF PERFORMANCE OF LEGAL ACTIONS WITH NO PRELIMINARY PERMISSION FROM A GUARDIANSHIP AND CUSTODIANSHIP AUTHORITY","authors":"Yuriy S. Povarov","doi":"10.18572/1813-1204-2021-2-18-23","DOIUrl":"https://doi.org/10.18572/1813-1204-2021-2-18-23","url":null,"abstract":"The article reveals and critically analyzes the legislative model of legal effects in case of violation of the rule on the need to obtain preliminary permission from the guardianship authority to perform certain actions; the insufficient elaboration of the modern normative structure is proved, including from the position of a balanced and effective protection of the interests of the ward and third parties.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117306195","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 PROBLEM OF DETERMINATION OF THE PERSONAL CHARACTER OF TESTATOR’S OBLIGATIONS WITHIN THE FRAMEWORK OF THEIR INCLUSION IN THE MASS OF THE SUCCESSION 确定遗嘱人的义务的个人性质的问题，在其纳入的继承质量的框架内
Notary Pub Date : 2021-03-18 DOI: 10.18572/1813-1204-2021-2-29-32
O. Cherepanova
{"title":"THE PROBLEM OF DETERMINATION OF THE PERSONAL CHARACTER OF TESTATOR’S OBLIGATIONS WITHIN THE FRAMEWORK OF THEIR INCLUSION IN THE MASS OF THE SUCCESSION","authors":"O. Cherepanova","doi":"10.18572/1813-1204-2021-2-29-32","DOIUrl":"https://doi.org/10.18572/1813-1204-2021-2-29-32","url":null,"abstract":"The article examines controversial issues related to the responsibility of the heirs for the obligations of the testator, which have a connection with his personality. The article analyzes the opposing legal positions developed by judicial practice to determine the legal nature of these obligations. The conclusion is substantiated that it is necessary to include in the hereditary mass of obligations to compensate for moral harm and to compensate for harm to life and health, as not having a personal character.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125391481","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
SPECIFIC FEATURES OF INHERITANCE OF PROPERTY ENCUMBERED BY A LIFE ESTATE AGREEMENT (PART TWO) 终身遗产协议财产继承的特点(二)
Notary Pub Date : 2021-01-28 DOI: 10.18572/1813-1204-2021-1-36-40
A. V. Myskin
{"title":"SPECIFIC FEATURES OF INHERITANCE OF PROPERTY ENCUMBERED BY A LIFE ESTATE AGREEMENT (PART TWO)","authors":"A. V. Myskin","doi":"10.18572/1813-1204-2021-1-36-40","DOIUrl":"https://doi.org/10.18572/1813-1204-2021-1-36-40","url":null,"abstract":"As is known, any owner of a thing can quite freely and independently bequest such a thing in favor of any person chosen by him. However, if the person is the owner within the framework of the rent contract (rent payer), his or her authority as owner is significantly limited by the rules of civil law. Article 604 of the Civil Code of the Russian Federation establishes that the payer of rents has the right to dispose of or otherwise encumber property only with the prior consent of the recipient of the rent. The content of this rule in practice raises one very important question. Does the rent payer have the right freely to bequest property encumbered by the rent agreement, or does it have to obtain the consent of the rent recipient for such an order? Finding an answer to this question is the subject of this article.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133535751","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 USE OF A WRIT OF EXECUTION IN THE NOTARIAL PRACTICE 公证业务中执行令状的使用
Notary Pub Date : 2020-12-17 DOI: 10.18572/1813-1204-2020-8-23-27
Aleksey N. Frisk
{"title":"THE USE OF A WRIT OF EXECUTION IN THE NOTARIAL PRACTICE","authors":"Aleksey N. Frisk","doi":"10.18572/1813-1204-2020-8-23-27","DOIUrl":"https://doi.org/10.18572/1813-1204-2020-8-23-27","url":null,"abstract":"The mechanism for the collection of certain debts provided for by the current legislation in a simplified manner, using instead of a judicial process a more abbreviated procedure — the procedure for making an executive notary inscription, is gaining deserved popularity among participants in civil turnover, in particular among qualified participants in the financial sector — credit organizations, banks. Noteworthy arguments characterizing the reasons for using such a mechanism include: — reduction of time for the procedure. If the trial takes months, then when making a writ of execution we are talking about several days; — a simple but clearly formulated procedure prior to contacting a notary; — reduction of financial costs for the collection procedure. This article will consider the practical issues that arise when making a writ of execution that is not related to foreclosure on mortgaged property, taking into account the emerging judicial practice.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117051960","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 THE ISSUE OF IMPROVING THE REGULATION OF THE REAL ESTATE MARKET IN THE RUSSIAN FEDERATION 关于完善俄罗斯联邦房地产市场监管的问题
Notary Pub Date : 2020-12-17 DOI: 10.18572/1813-1204-2020-8-28-32
M. Demchenko
{"title":"ON THE ISSUE OF IMPROVING THE REGULATION OF THE REAL ESTATE MARKET IN THE RUSSIAN FEDERATION","authors":"M. Demchenko","doi":"10.18572/1813-1204-2020-8-28-32","DOIUrl":"https://doi.org/10.18572/1813-1204-2020-8-28-32","url":null,"abstract":"The purpose of writing a scientific work is to study the regulation of the real estate market, the role of the notary in ensuring the protection of the rights of participants in civil turnover and the formation of proposals to expand the powers of the notary to certify real estate transactions. Examining the dynamics of litigation in relation to real estate objects, it is stated that a significant number of them, undoubtedly, arise due to the functioning of various kinds of fraudulent schemes when making the transactions in question. It is noted that in recent years, fraudulent schemes for the unauthorized use of electronic digital signatures for processing transactions have become widespread in the real estate market. Based on the analysis of judicial practice in cases of challenging registered rights to real estate, on invalidating contracts for the sale of residential premises, it was concluded that state registration cannot fully provide for cases of unfair actions in the field of real estate turnover. The best option to ensure the interests of the owners of rights to real estate when concluding transactions with it is notarization of the transaction. For this reason, the paper concludes that it is advisable to diversify the range of transactions, the notarization of which is most appropriate in modern conditions.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"28 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114129643","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
DISADVANTAGES OF THE RUSSIAN NOVELS ON COMMORIENTS (ARTICLES 1114, 1116 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION) IN THE COMPARATIVE LEGAL ASPECT 比较法学方面俄国小说关于商品(俄罗斯联邦民法典第1114、1116条)的弊端
Notary Pub Date : 2020-12-17 DOI: 10.18572/1813-1204-2020-8-42-48
V. Panichkin, Elena V. Panichkina
{"title":"DISADVANTAGES OF THE RUSSIAN NOVELS ON COMMORIENTS (ARTICLES 1114, 1116 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION) IN THE COMPARATIVE LEGAL ASPECT","authors":"V. Panichkin, Elena V. Panichkina","doi":"10.18572/1813-1204-2020-8-42-48","DOIUrl":"https://doi.org/10.18572/1813-1204-2020-8-42-48","url":null,"abstract":"The article contains a critical view on the new laws on the commorientes (heirs in simultaneous death and death in quick succession) of the Civil Code of Russia (Art. 1114, 1116), which replaced the legal category “day of death” by the category “the moment of death”. It must be noted the critics made from the standpoint of a supporter of such changes of law. While analyzing the new laws by method of law comparing with the foreign laws concerning the same tasks in the common law system, the author finds eight significant insufficient of present Russian law that need to be corrected.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133278174","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: 1
ON THE ISSUE OF LAWS AND PRINCIPLES OF RHETORIC IN NOTARIAL PRACTICE 论公证实践中修辞的法律与原则问题
Notary Pub Date : 2020-12-17 DOI: 10.18572/1813-1204-2020-8-8-10
M. Moskvitina, S. G. Kryazheva
{"title":"ON THE ISSUE OF LAWS AND PRINCIPLES OF RHETORIC IN NOTARIAL PRACTICE","authors":"M. Moskvitina, S. G. Kryazheva","doi":"10.18572/1813-1204-2020-8-8-10","DOIUrl":"https://doi.org/10.18572/1813-1204-2020-8-8-10","url":null,"abstract":"Daily interaction of a notary with a large number of people who have their own individual psychological characteristics, current psycho-emotional state, assumes that the notary has a developed level of communicative culture and knowledge of the basic principles and laws of rhetoric as a science that studies the art of speech and the basics of oratory. The article describes the role of rhetoric in the implementation of notary practice. The importance of the notary’s wording of his speech, the rules for building a dialogue and artistic speech, and techniques that facilitate dialogization of communication and establishing psychological contact with the client are emphasized. In addition, the article describes the basic principles and laws of rhetoric, examines different levels of verbal communication.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121644264","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 CERTIFICATION OF THE AGREEMENT CONCLUSION OPTION IN THE RUSSIAN LAWS 俄罗斯法律中协议缔结选项的公证证明
Notary Pub Date : 2020-12-17 DOI: 10.18572/1813-1204-2020-8-20-22
M. N. Makhiboroda, Kirill N. Shestakov
{"title":"NOTARIAL CERTIFICATION OF THE AGREEMENT CONCLUSION OPTION IN THE RUSSIAN LAWS","authors":"M. N. Makhiboroda, Kirill N. Shestakov","doi":"10.18572/1813-1204-2020-8-20-22","DOIUrl":"https://doi.org/10.18572/1813-1204-2020-8-20-22","url":null,"abstract":"The article is devoted to the process of notarization of an option within the framework of Russian legislation. The main actions of a notary when notarizing an option are considered. The article pays special attention to the problems arising in theory and practice.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126549463","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 THE ISSUE OF THE SOCIO-LEGAL, ECONOMIC AND MORAL VALUE OF COPYRIGHT OBJECTS IN THE RUSSIAN FEDERATION FOR HUMAN DEVELOPMENT 关于俄罗斯联邦版权对象对人类发展的社会、法律、经济和道德价值问题
Notary Pub Date : 2020-12-17 DOI: 10.18572/1813-1204-2020-8-17-19
Y. Bespalov
{"title":"ON THE ISSUE OF THE SOCIO-LEGAL, ECONOMIC AND MORAL VALUE OF COPYRIGHT OBJECTS IN THE RUSSIAN FEDERATION FOR HUMAN DEVELOPMENT","authors":"Y. Bespalov","doi":"10.18572/1813-1204-2020-8-17-19","DOIUrl":"https://doi.org/10.18572/1813-1204-2020-8-17-19","url":null,"abstract":"The article explores the question of the sociolegal and moral value of copyright objects. The author concluded that the socio-legal value of these objects is: 1) giving their owners rights and responsibilities, which allows to extract useful properties and to respect the rights of other subjects; 2) providing access to everyone, with some exceptions; 3) promoting human development, including intellectual, and receive knowledge, skills; 4) a steady increase in the effectiveness of copyright mechanisms aimed at implementing the socio-economic goals and objectives of the Russian Federation, and ensuring the well-being of Russians and Russian society as a whole. The moral value of copyright objects is determined by the correspondence of their content and purpose to the moral foundations established in society, taking into account their reasonable modernization. Proposals were made to improve the legislation of the Russian Federation.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121084034","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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