Infopaket

Implementation of civil relations in the notarial process

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

3

To determine the legal characteristics of realization forms of certain types of civil legal relations in the notarial process, to evaluate and critically comprehend the practical legal situations of their emergence, development and termination, the problems of their implementation in the context of notarial. Determine the procedure for implementing certain types of legal relations in the form of specific notarial proceedings, streamline the conditions for notarial proceedings in the implementation of a person's rights and interests as a subject of civil law, and analyze critical situations that arise, to clearly explain to the client the essence of the legal situation, to explain and recommend possible ways of its legal solution, his rights and responsibilities in the context of the notarial procedure, if possible and necessary - using a foreign language.

To know the norms of civil law and the peculiarities of their application by notaries in the performance of notarial acts, the procedure for the performance of notarial acts by notaries, the theory of notarial law. Be able to analyze the relevant legal relations, determine their legal nature, structure. Have the skills of logical, critical and systematic analysis of legal phenomena.

Study of the discipline reveals the following issues: general provisions on the implementation of civil law in the notarial process. Notarization of real estate contracts. Contracts to be evaluated and contracts not to be evaluated: problems of law enforcement. Peculiarities of notary registration of property rights: novelties of legislation. Notarization of contracts for vehicles. Features of notarization of contracts for certain types of property (securities, weapons, animals).

Law of Ukraine "On Notaries" of September 2, 1993 № 3425-XII Verkhovna Rada of Ukraine. Civil Code of Ukraine of January 16, 2003 № 435-IV. Verkhovna Rada of Ukraine. Family Code of Ukraine of January 10, 2002 № 2947-III. Verkhovna Rada of Ukraine. Land Code of Ukraine of October 25, 2001 № 2768-III The Verkhovna Rada of Ukraine. Order of the Ministry of Justice of Ukraine "On approval of the Procedure for notarial acts by notaries of Ukraine" dated 22.02.2012 № 296/5. Verkhovna Rada of Ukraine. Theory of the notarial process: Scientific and practical manual / For general. ed. S.Ya. Fursi. - К .: Алерта; Center for Educational Literature, 2012. - 920 p. Inheritance law: through the prism of judicial practice: a monograph / ed. IV Thanks-Fateeva.- X: ECUS, 2021.- 536 p. Real estate law: through the prism of judicial practice: a monograph / ed. IV Thanks-Fateeva.- Kharkiv: ECUS, 2021.- 344 p.

Lecture, seminar, self-training work.

The share of learning outcomes in the final assessment, provided it is mastered at the appropriate level is as follows: learning outcomes - 1.1.-1.3. - up to 40%; learning outcomes - 2.1.-2.2. - up to 30%; learning outcome - 3.1.- 3.3. - up to 30%. Semester forms of assessment: blitz survey - from 2 to 4 points; colloquium - from 5 to 10 points, Case study - from 2 to 4 points; discourse - from 2 to 4 points; modular test - a maximum of 10 points. During the semester, after the completion of the relevant topics, thematic written independent tests with tasks and open questions are conducted. To determine the level of achievement of learning outcomes provided for in paragraphs 1, 2 and 3, students write a final test, and during the colloquium demonstrate acquired skills, arguing solutions and recommendations provided by the conditions of the tasks.

Ukrainian