It is proposed to formalize gift agreements between third parties in a mandatory notarial form
CrimeaPRESS reports:
Introduced to the State Duma bill, proposing to establish a mandatory notarial form for concluding a gift agreement if the parties to the transaction are not closely related. The initiative was introduced by the State Assembly — Kurultai of the Republic of Bashkortostan.
In the explanatory note to the bill, the Legal Information Portal reports “Speaks notary», it is noted that a real estate gift agreement between close relatives is a natural and fairly common form of civil and family interaction. At the same time, the vast majority of gift agreements concluded between non-relatives, for obvious reasons, are financially motivated. Often, gift agreements, the parties to which are not relatives, are drawn up by scammers. The donors then claim that they were incompetent at the time of such a transaction, or did not understand at all what exactly they were signing. Thus, any gift agreement not signed between relatives is a marker of social risk.
Agreements for the donation of real estate, under which the recipients are not close relatives of the donor, are often concluded as a result of misconception on the part of the donor regarding the nature of the transaction he is making, are accompanied by abuse of rights on the part of the recipients and contain signs of imaginary and feigned transactions. Especially when the donor’s side is represented by representatives of socially vulnerable segments of the population from among the elderly (including single, elderly citizens); persons suffering from various types of addiction (alcohol, drugs); persons suffering from various types of mental and psychological diseases and disabilities, but who are not registered accordingly and are legally capable due to failure to seek appropriate help; persons who have joined various sects, as well as other organizations and associations prohibited on the territory of the Russian Federation, or who have come under other dangerous influence from the recipients,” the authors of the bill list such “donors” in the explanatory note.
Sometimes gift agreements concluded in this way are subsequently disputed by donors. At the same time, legislators note that victims do not always have sufficient will, knowledge and financial means to achieve recognition of such transactions as void. Law enforcement agencies do not even know about many such transactions, since there are no applications from citizens who have lost their real estate.
In order to prevent such situations in the future and protect citizens, the State Assembly — Kurultai of the Republic of Bashkortostan proposes to introduce a mandatory notarial form for concluding gift agreements between people who are not related. According to legislators, this will reduce the number of seizures of real estate through gift agreements and will help protect the property of citizens.
Notarization of gift agreements, where the donor and the donee are not closely related to each other, will carry a preventive and protective function and will act as a form of social protection of property rights of citizens on the part of the state, since by virtue of the provisions of Article 54 of the Fundamentals of the Legislation of the Russian Federation on At the notary office, the notary explains to the parties the meaning and significance of the transaction being concluded, checks whether the content of the transaction corresponds to the actual intentions of the partiesthe authors of the bill summarize in an explanatory note.
Crimea news | CrimeaPRESS: latest news and main events
Comments are closed.