Mandatory notarization and state registration of real estate lease agreements
On December 8! 2021! the Supreme Court! as part of the panel of judges of Mandatory notarization the Second Judicial Chamber of the Civil Court of Cassation! in case No. 759/9443/17! proceedings No. 61-11386св20 (EDRSRU No. 101913114)! investigated the issue of notarization of a lease agreement for non-residential premises concluded for 3 or more years.
On State Registration of Property Rights to Real Estate and Their Restrictions
It should be borne in mind that from 01.01.2013! amendments effective use of hpv in sales to the Civil Code of Ukraine entered into force! introduced by the Law of Ukraine “On Amendments to the Law of Ukraine “” and other legislative acts.
This Law! in particular! sets out in a new version part three of Article 640 and Article 794 of the Civil Code of Mandatory notarization Ukraine! according to which! respectively! a lease agreement for a building or other capital structure (their separate part)! which is subject to notarial certification! is concluded from the date of such most important soft skills you should look for in a developer certification ! and the right to use real estate that arose on the basis of a lease agreement for a building or other capital structure (their separate part) is subject to state registration.
The nullity of a transaction is constructed using “textual” invalidity! since it exists only in the case of a direct indication of the law. Such a direct indication can be embodied! in particular! in the terms “null and void”! “is invalid”. A null and void transaction! unlike a contested one! does not create legal consequences! that is! it does not “give rise to” (change or terminate) civil rights and obligations.
If the invalidity of a certain transaction is established by law
That is! if this transaction is null and void! a claim for its recognition as null and void is not an appropriate way to protect the right or interest of the plaintiff. In the event of a dispute regarding the legal consequences of an invalid transaction! one of the parties to which or another interested person considers it null and void! the court shall verify the relevant arguments and in the motivational part of the court decision! applying the relevant provisions of substantive law! confirm or refute the fact of the nullity of book your list the transaction.