|
Arabic
Bengali
Chinese
English
French
German
Hebrew
Hindi
Italian
Japanese
Korean
Malay
Polish
Portuguese
Spanish
Turkish
Ukrainian
Vietnamese|
Lecture notes, cheat sheets
Advocacy and notary office. The emergence of notaries (lecture notes)
Directory / Lecture notes, cheat sheets Table of contents (expand) LECTURE No. 16. The emergence of a notary 1. The emergence and development of notaries in the pre-Soviet period Word "notary" comes from the Latin "notarius", which means "scribe", "scribe", "secretary", "stenographer", "clerk". In ancient Rome, this was the name given to slaves who kept business correspondence with their masters. In the XV-XVII centuries. in Moscow, the written form of the contract was handled by clerks, who drew up written contracts characteristic of that time: "purchasing fortress", record, loan bondage, etc. In the XVI century. they united in the so-called artels, headed by the headman. The number of people in them, depending on the population of a particular city, varied from 15 to 24. Contractual letters drawn up by them were subject to mandatory registration in the Armory. Their activities were supervised by the Order of Serf Affairs. On April 14, 1866, Emperor Alexander II approved the Temporary Regulations on the notary part, which received the force of law in 1875 and extended to the former Kingdom of Poland, and later to the Baltic provinces. It became part of the Judicial Statutes (Code of Laws, Vol. XVI, Part 1). The regulation established a system of notarial bodies and determined their competence. All former institutions of serf affairs, the positions of serf overseers, secretaries and scribes were abolished. Since that time, a notary has become a person specially endowed with the power to perform and testify notarial acts in Russia. The notary at that time was a relatively independent institution from the state. This was expressed in the fact that notaries were recognized as free professionals, carrying out their activities on a commercial basis. At the same time, they were in the public service, they were assigned the 8th grade by position. Supervision of the activities of notaries were to be carried out by the courts. Candidates who had reached the age of 21, citizens of the Russian Empire, who had knowledge in the field of civil law, statutes and forms of notarial proceedings were appointed to the position of notaries. Before being appointed to office, notaries made bail, the amount of which in the capital city was 10 rubles, in the provincial city - 000 rubles, in district cities where there were district courts - 6000 rubles, in other cities - 4000 rubles. This pledge was aimed at ensuring the notary's property liability for errors in notarial activities, and upon retirement, the remaining amount of the pledge was returned to the notary. notaries have the right perform notarial acts for all who apply to them, with the exception of their close relatives. When performing notarial acts, two witnesses should have been present, and if a deed of sale for real estate was drawn up, then there should have been three. The parties were required to submit a police certificate of self-identity, a certificate from the local government about the ownership of the property being alienated by the seller. The draft deal was drawn up on stamped paper, signed in the presence of a notary, including witnesses. After payment of duties and fees, the act was entered into the land register and issued to the parties against receipt. Along with notaries, there was the position of senior notary, who was supposed to have a higher legal education. Senior notaries were exempted from paying a deposit, and in terms of money and service rights they were equated with members of district courts. They were entrusted with the execution the following features: 1) management of notarial archives at the district courts, where books were kept - serf, prohibitive and permissive; registers and documents of notaries of the district, delivered after a year from the date of the end of the book; 2) issuance of records from act books and copies from notarial acts; 3) approval of notarial deeds, which the parties wished to turn into serf deeds. By the end of the XIX century. in Russia there are many problems associated with the activities of notaries. Firstly, very low earnings, especially in small towns, and secondly, the obligatory presence of two witnesses when performing notarial acts, to whom notaries were forced to pay the so-called remuneration. In addition, there were groups of bodies and officials who had the right to perform notarial acts, but did not always have the necessary experience and knowledge: 1) public (city) notaries; 2) stock brokers and notaries, ship brokers; 3) highly specialized brokers: shipping affairs, the state commercial bank, private, servants and workers, shop, craft administrations; 4) magistrates, town halls, dumas, customs officials, bailiffs, trade verbal courts. At the beginning of the XX century. drafted a new edition Provisions on the notarial part. The main provisions it contained were: 1) replacement of notarial positions only by lawyers with high theoretical training for this position; 2) a detailed statement in law of the duties of a notary; 3) establishment of effective supervision over notarial activities. 2. The development of notaries in the Soviet period After the October Revolution in Russia, fundamental changes took place in state and public life, which actually destroyed the existence of a free notary. Decree No. 1 "On the Court" the old state authorities were abolished, including courts, institutions of judicial investigators, prosecutorial supervision, jury and private advocacy, and notaries were abolished somewhat later. The Regulations on the notary part were also canceled and the nationalization of notary offices was announced, a little later they were liquidated, and notary departments were created in their place, which were headed by people's notaries, but soon they were also abolished. However, the needs of society required the implementation of notarial acts, and in 1919 it was proposed to establish notarial tables, where only certain notarial acts could be performed: certification of various circumstances, verification of the accuracy of copies from documents, authenticity of signatures. On October 4, 1922, the first legislative act on the notaries of the Soviet period was adopted - Regulations on the state notary of the RSFSR, according to which the executive committees of local authorities created notary offices locally. Where it was not possible to establish notary offices, the performance of notarial functions, except for the execution of acts and certification of contracts, was entrusted to people's judges. Notaries were authorized to perform the following actions: 1) making obligatory notarial deeds; 2) certification of contracts concluded by state, cooperative, public institutions, enterprises, organizations; 3) protesting bills of exchange; 4) certification of powers of attorney and copies of documents and extracts from trade books, as well as authenticity of signatures; 5) certification at the request of officials and institutions, as well as individuals of indisputable circumstances; 6) issuance of extracts and copies from notarial books and registers; 7) acceptance and storage of submitted documents. On May 14, 1926, the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR "On the basic principles of organizing a state notary" was adopted, where the following were identified as the main principles: 1) the inadmissibility of notaries filling other public positions; 2) receipt by notaries of remuneration for their work only from the state; 3) obligatory observance of notarial secrecy. There was no institution of personal property liability of a notary for harm caused to citizens and organizations in the performance of his official duties. The tasks of notarial bodies included checking the compliance of the notarial actions required of them and the documents submitted to them with applicable laws, providing active assistance to workers in protecting their rights and legitimate interests so that legal ignorance, illiteracy, and similar circumstances could not be used to their detriment. The specified Decree attributed the following actions to the competence of notarial bodies: 1) notarization of transactions; 2) making protests provided for by law; 3) certification of the accuracy of copies of documents and extracts from books and documents; 4) authentication of signatures; 5) certification of circumstances and facts that may have legal significance, in which the notary can personally verify and for the certification of which the law does not establish another procedure; 6) registration of arrests imposed on buildings, as well as changing and removing them; 7) storage of documents; 8) other actions provided for by the legislation of the Union republics. Later, the Regulations on the State Notaries of the RSFSR were adopted on July 20, 1930, December 31, 1947, September 30, 1965. And only on July 19, 1973, the USSR Supreme Soviet adopted the Law of the USSR "On the State Notaries", and on August 2, 1974 the Law of the RSFSR "On the State Notaries" was adopted, which legislatively consolidated the powers of notaries to issue certificates: on the ownership of a share in the common property of the spouses, on a share in the common property of the spouses at the request of the surviving spouse, as well as on a share in the common property registered for the surviving spouse. After the collapse of the USSR, reforms in the direction of building a state of law showed the need to solve the problem of ensuring the legality of civil circulation, primarily in the field of real estate, protecting the rights and freedoms of citizens. And adopted in 1993, the Fundamentals of the legislation of the Russian Federation on notaries proclaimed a free notary of the Latin type. Gradually, a new branch of law began to take shape in the legal system of Russia - notarial law, which unites the system of legal norms governing social relations regarding the performance of notarial acts. Author: Nevskaya M.A. << Back: Representation of a lawyer in courts (Representation in arbitration court and international commercial arbitration. Representation in the European Court) >> Forward: Notary: concept and activities (The concept of a notary. Notarial activity)
▪ Materials Science. Lecture notes ▪ History of world and domestic culture. Lecture notes
The existence of an entropy rule for quantum entanglement has been proven
09.05.2024 Mini air conditioner Sony Reon Pocket 5
09.05.2024 Energy from space for Starship
08.05.2024
▪ Wireless charging up to 30cm away ▪ Microchip LoRa RN2483 IoT Wireless Module
▪ section of the site For a beginner radio amateur. Article selection ▪ article Lined fact. Popular expression ▪ article Can dogs see colors? Detailed answer ▪ article Static charge on a moving object. Children's Science Lab ▪ article Imitator of unusual sounds. Encyclopedia of radio electronics and electrical engineering ▪ article Motor protection device. Encyclopedia of radio electronics and electrical engineering
Home page | Library | Articles | Website map | Site Reviews
www.diagram.com.ua |
We recommend interesting articles Section 
See other articles Section 
Latest news of science and technology, new electronics:
All languages of this page