THE CONCEPT AND LEGAL NATURE OF THE STATE REGISTRATION OF REAL RIGHTS TO REAL ESTATE BY NOTARIES
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2017, Vol 46, Issue 1
Abstract
The article is devoted to the concept and legal nature of state registration of real rights to real estate by notaries. The emphasis is placed on the relationship between the notions of “notarial action” and “registration of rights to real estate”, on the basis of which it is concluded that the activity of notarial acts and the state registration of real rights to real property and their encumbrances in their legal value are different types of legal activity. Author substantiates dual nature of the state registration of real rights, which, on the one hand, is carried out by an authorized person (state registrar, notary public), is open in both the part of adherence to the procedure of its conduct, and in the part of the object of registration, and on the other – has a civil legal value, since the united common goal is the provision of the organization of the circulation of real estate and the protection of the rights of participants. It’s proposed to consider the state registration of real rights to real estate as a notary’s activities in a narrow and wide meaning.
Authors and Affiliations
В. М. Сигидин
Keywords
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