Advocacy and notary office. Issuance of a certificate of ownership of a share in the common property of the spouses. Making protests on bills of exchange (lecture notes)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Advocacy and notary office. Issuance of a certificate of ownership of a share in the common property of the spouses. Making protests on bills of exchange (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents (expand)

LECTURE No. 27. Issuance of a certificate of ownership of a share in the common property of the spouses. Making Protests of Promissory Notes

1. Issuance of certificates of ownership of a share in the common property of the spouses

The issuance by notaries of certificates of ownership of a share in the common property of the spouses is carried out on the basis of Art. 74-75 Fundamentals of the legislation of the Russian Federation on notaries and Art. 34-37 of the Family Code of the Russian Federation.

Yes, Art. 34 of the Family Code of the Russian Federation establishes that the common property of the spouses (property acquired by the spouses during marriage) includes the income of each spouse from labor activity, entrepreneurial activity and the results of intellectual activity, pensions, benefits received by them, as well as other cash payments that do not have a special target destination. The common property of the spouses also includes movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, deposits, shares in the capital, contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was acquired or in the name of which or by which of the spouses the funds were deposited.

It should be noted that a certificate of ownership of property owned by each of the spouses cannot be issued. The Family Code of the Russian Federation refers to such property:

1) property that belonged to each of the spouses before marriage;

2) property received by one of the spouses, even if during the marriage, but by way of inheritance;

3) property received by one of the spouses as a gift both from the second spouse and from third parties;

4) property received under other gratuitous transactions;

5) items for personal use (clothes, shoes, etc.), regardless of the time and grounds for acquisition, with the exception of jewelry and other luxury items.

The basics provide for the issuance of certificates of ownership of a share in common property:

1) at the joint application of the spouses;

2) at the request of the surviving spouse.

Issuance of a certificate of ownership of a share in common property acquired during marriage is carried out upon a joint written application of the spouses.

A certificate of ownership of a share in the common property of the spouses can be issued at any notary, with the exception of certificates of ownership of a residential house, apartment, cottage, garden house, garage, as well as a land plot, which are issued by a notary at the location of the said property.

At the request of the spouses, the certificate may be issued both to both of them and to one of them, either for equal or unequal shares.

To issue a certificate of ownership of a share in the common property of the spouses, a combination of three conditions must be present:

1) the presence of marital relations. This fact can be established by a notary, for example, on the basis of a marriage certificate or a marriage registration mark in the spouses' passports;

2) the fact of acquisition of property during the period of registered marriage;

3) the property must be the common joint property of the spouses.

In the event of the death of one of the spouses, a certificate of ownership of a share in the common property of the spouses shall be issued by a notary at the place of opening of the inheritance upon a written application by the surviving spouse with notification of the heirs who have accepted the inheritance. The notice specifies the composition of the common property of the spouses, for the share of which the surviving spouse will have to issue a certificate of ownership, and also explains the right to apply to the court if the heir disputes the property claims of the surviving spouse. Also, a certificate of ownership of a share in the common property of the spouses may be issued to the surviving spouse for half of the common property acquired during the marriage.

Upon a written application of the heirs who accepted the inheritance, and with the consent of the surviving spouse, the share of the deceased spouse in the common property may also be determined in the certificate of ownership.

In this situation, in order to issue a certificate of ownership, the notary must check the following circumstances:

1) the fact and date of death - according to the death certificate;

2) the existence of marital relations between the applicant and the deceased - according to the marriage certificate;

3) ownership of property, the time of its acquisition, the fact of its acquisition in marriage - according to title documents;

4) the absence of a marriage contract;

5) if there are minor heirs, the consent of the guardianship and guardianship authorities.

Forms of certificates of ownership are approved by the Ministry of Justice of the Russian Federation.

2. Protest of a bill

At present, the circulation of bills of exchange on the territory of Russia is regulated mainly by the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR of August 7, 1937 "On the Enactment of the Regulation on a Transferable and Promissory Note".

Protest of a bill of non-payment, non-acceptance, non-dating of acceptance - notarial actions aimed at ensuring the protection of the interests of the subjects of the promissory note obligation.

A promissory note is understood as a unilateral obligation, based on a contract and expressed in a strictly defined written form, to pay a certain sum of money. This is a strictly formal document, which is a security, so the absence of at least one of its details leads to its invalidity. A promissory note protest is a public act carried out by a notary in accordance with the legislation of the Russian Federation, with the aim of certifying facts that are legally significant for a bill of exchange obligation.

The said Regulation establishes the following types of protest:

1) protest of a bill of exchange in non-acceptance or non-dating of acceptance;

2) a protest in non-payment on a bill of exchange, both for a simple one and for a transferable one;

3) a protest against the non-issuance of a copy of the accepted bill of exchange by the person in whose possession it is.

Protest of a bill of non-payment or non-acceptance can be made by a notary only after the bill has been presented to the payer for acceptance or payment, respectively.

Protest of a bill of non-payment, non-acceptance, non-dating of acceptance means certification of the fact of non-payment of the bill on time, certification of the fact of non-acceptance of the bill and certification of the fact of refusal to set the date of acceptance, respectively.

To make a protest in non-acceptance and non-payment, certain time. So protest in non-acceptance must be completed within the time specified for presenting the bill for acceptance.

To protest a bill of exchange for non-payment, which must be made for a certain day, the deadline is set on one of the two working days following the day on which the bill of exchange is due for payment, and for bills of exchange due at sight - during the time established for making a protest for non-acceptance.

Bill of exchange must be presented for payment within 1 year from the date of its preparation.

Drawer may shorten this period or stipulate a longer period.

If an insurmountable obstacle (legislative order of a state or other case of force majeure) prevents the presentation of a bill of exchange or the making of a protest within the prescribed time limits, these time limits are extended. After the termination of the force majeure, the holder must present the bill of exchange for acceptance or payment without delay and, if necessary, make a protest.

Before accepting a bill of exchange for protest, the notary is obliged to check its details.

A bill of exchange must contain: the name "bill" included in the text itself and expressed in the language in which this document is drawn up; a simple and unconditional offer to pay a certain amount; name of the person who must pay (payer); an indication of the due date and the place where the payment is to be made, as well as the name of the person to whom or by whose order the payment is to be made; indication of the date and place of drawing up the bill; signature of the person who issued the bill (drawer).

On the day the bill is accepted for protest, the notary's office presents the payer with a demand for payment (or acceptance) of the bill. If the payer (endorser) pays the bill, the notary, without making a protest, returns it to the person who paid the bill, with an inscription in the prescribed form on the bill itself about the receipt of payment and other amounts due. If the payer has made an acceptance note on the bill of exchange, the bill of exchange is returned to the drawer without protest. If the payer refuses to pay or accept the bill or if it fails to appear before the notary, the latter draws up an act in the prescribed form about the protest of non-payment or non-acceptance and makes an appropriate entry in the register, as well as a note about the protest of non-payment or non-acceptance on the bill itself.

The act of protest of a bill shall indicate: the date of the protest, the surname and initials of the notary, the name of the notary's office, the name of the legal holder of the bill, the details of the bill, the due date, the amount for which the bill was issued, the name of the acceptor or payer, an indication of the presentation of the bill for payment ( acceptance) and non-receipt of payment (acceptance), the place of the protest, the registry number, a note on the collection of state duty or tariff, the signature and seal of a notary.

Author: Nevskaya M.A.

<< Back: Registration of inheritance rights (Issuance of a certificate of inheritance. Protection of inherited property)

>> Forward: Notarial actions to certify indisputable facts. Acceptance of documents for storage and provision of evidence (Certification of indisputable facts. Acceptance of documents for storage. Providing evidence)

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Constitutional law of the Russian Federation. Lecture notes

▪ Public relations. Crib

▪ Finance. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

AMD to Introduce FX-8140 Octa-Core Processor with 95W TDP 22.02.2012

By the end of the quarter, AMD will update its FX series of desktop processors. According to the source, among other novelties, three models with a TDP of 95 W will be presented. The FX-8140 processor will have eight cores, the FX-6120 will have six, and the FX-4150 will have four.

The base clock frequency of the FX-4150 will be 3,9 GHz. In Turbo mode, it rises to 4,1 GHz. The processor will receive 12 MB of cache memory (4 MB - the second level, 8 MB - the third). The frequencies of the FX-6120 model are 3,5 and 4,1 GHz, and the total amount of cache memory is 14 MB. The older model FX-8140 will receive 16 MB of cache memory. The base clock speed of this processor is defined as 3,2 GHz. In Turbo mode, it also rises to 4,1 GHz.

All three products are manufactured using 32nm technology and are designed for installation in the AM3 + socket. Price data is not yet available.

Other interesting news:

▪ see the wind

▪ Universal Driver GP-LC7028-Q5D

▪ Electric buses with fast charging

▪ Electric cars from plastic bottles and flax

▪ Pigeons over the highway

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ site section Digital technology. Article selection

▪ Article Regardless of faces. Popular expression

▪ article Why were the names of astronauts of friendly countries changed? Detailed answer

▪ article Work on small sheet offset printing presses such as HAMADA, RYOBI, YIYING, GRONHI, TOKO OFFSET, etc. Typical instructions for labor protection

▪ Clay's article. Simple recipes and tips

▪ article Miracle rug with ducks. Focus Secret

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews