Panchenko I. The procedure of notarization of contracts on alienation of immovable property.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100459

Applicant for

Specialization

  • 081 - Право. Право

19-02-2021

Specialized Academic Board

ДФ 26.001.099

Taras Shevchenko National University of Kyiv

Essay

The purpose of this dissertation is to develop theoretical provisions and substantiated scientific proposals aimed at improving notarial procedural relations associated with the certification of contracts on alienation of immovable property, to improve current notarial procedural legislation in Ukraine, which regulates the procedure of certification of contracts on alienation of immovable property, as well as to increase effectiveness of the procedure of application of such legislation by notaries. The paper investigates the concept and gives a substantive legal description of contracts on alienation of immovable property. The necessity to separate the contract of sale and purchase of immovable property into a separate type of contract is substantiated. It is concluded that not only the immovable property object itself can become the subject of immovable property alienation contract, but also a limited or burdened ownership right to immovable property in case when a new owner is not entitled to dispose of, possess and use the respective property. In the work, it is established that absence of a general provision in the legislation regarding the obligatory notarization of contracts on alienation of immovable property is a significant deficiency in the legislation. It is advisable to provide not for mandatory notarization of different types of contracts on alienation of immovable property objects in separate legislative norms, but rather to envisage a general rule for mandatory notarization of all contracts on alienation of immovable property.

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