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FEATURES OF REGISTRATION OF DEEDS REGARDING REAL PROPERTY ACCORDING TO THE LEGISLATION OF UKRAINE AND EU COUNTRIES

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 73)

Publication Date:

Authors : ;

Page : 100-108

Keywords : notary; notary’s certifying inscription; real estate; state registration; legislation; law of probability;

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Abstract

The work has studied the basic provisions of national legislation and the legislation of the European Union of the certification of rights to real estate. The relevance of the study of this issue is in the fact that in the legal doctrine of Ukraine in recent years there has been a steady trend of approximation of Ukrainian legislation to international standards, and to the standards of the European Union. Legislation in the field of legal regulation of notarial activity is no exception in this regard. It is the adaptation of Ukrainian legislation to EU legislation that can strengthen the position of the Ukrainian notary, and especially in the area of mandatory registration of real estate. The purpose of the article is to determine the features of notarial certification of real estate deeds under the legislation of Ukraine and the legislation of some foreign countries — members of the European Union and to determine the directions of reforming the Ukrainian notary system in accordance with the standards of the European Union by combining public and private law principles of notarial activity. In accordance with the set goal and in view of the subject of the research, a complex of scientific methods of cognition was used: induction and deduction, the method of systematic analysis, the formal-dogmatic method, the logical method, the method of generalization, the method of abstraction and concretization, the comparativist (comparative legal) method. It is established that in world practice there are two types of registration of rights to real estate — deed and title, and it is proved that registration of real rights in Ukraine belongs to the title system, which includes most countries of the European Union. It is substantiated that notarization of transactions involving real estate belongs exclusively to civil law structures (it is an institute of civil law), both in terms of its content and legal nature, while in the European Union countries there is an administrative procedure for registration of rights to real estate. The results of the study can be used in practical activities — directly during the conclusion, amendment and termination of transactions (contracts) which are subject to real estate, as well as in the consideration of cases arising from such legal relations; in the theoretical field — in further scientific research, in the educational process, etc.

Last modified: 2024-12-17 21:28:59