Which contracts are subject to state registration: varieties

The legal system consists of many different elements (types, types, varieties), each of which, having common features of a civil contract, is characterized by some specificity, which necessitates special legal regulation.

A systematic approach to the study of contract law allows us to determine the principles of its construction from general to particular, and this, in turn, has important codification and law-making significance. The practical side of studying the classification of documents is also quite relevant. For example, many are interested in the question - which lease is subject to state registration.

The correct application and interpretation of any rule of law means its systematic use. In order to correctly determine what norms are to be applied to regulate such a relationship, one should precisely establish its variety. In other words, give his legal qualifications. Given the fact that each rule of law is determined by a specific systemic attribute, it should be applied only to a legal relationship with such a feature.

Which contracts are subject to mandatory state registration?

When people make a deal, the question always arises of the legal regulation of such an agreement between the parties. You need to know in what form the legislation allows for the execution of a transaction, as well as the requirements that are put forward for recognition of the contract as having entered into force. It should be noted that from January 1, 2017, the federal law On State Registration of Real Estate entered into force. In this regard, it is important to understand which contracts are subject to state registration since 2017.

Forms and Requirements

So, agreements between individuals or legal entities can be expressed orally. However, in some cases they have a mandatory written design, involving the creation of a document. In turn, the contract may require:

• registration with state authorities that maintain their own registries;
• notarized certification;
• directly the fact of the agreement of the parties to the transaction on the main issues.

It should be noted that the option with notarization in most cases is a mandatory requirement. However, in certain cases, the law calls such a design method desirable or leaves the choice to the parties.

Thus, citizens are not forbidden to contact the notary's office in those situations when such a certificate is not mandatory for them, but acts solely as a desire to formalize their legal relationship in this way.

This is the main difference from the obligation to register contracts. After all, the justice authorities accept applications only when the law expressly states that it needs to be drawn up accordingly for a particular transaction. About which lease agreements are subject to state registration since 2017 in accordance with the Federal Law, is described below.

Types of papers

In order to have an idea which contracts are subject to state registration, several groups should be conditionally distinguished among them:

1. All contracts, the essence of which is the alienation of immovable objects. In other words, there is a transfer of ownership from one person to another.They are concluded in transactions of sale, gift, exchange, lease with further purchase, annuity, purchase and sale of the property complex.
2. Legal relations in which there is no transfer of rights. Their essence is the transfer of real estate for temporary use. Such transactions are collateral, rent (if the contract term is more than 1 year), gratuitous use.
3. Agreements that are concluded in transactions that are additional to those that have already been registered and have taken place, for example, transfer of debt, assignment of claims, change of conditions, etc.
4. Mixed papers, that is, papers whose text contains elements of several documents simultaneously, but one of them, by law, requires registration.

Mandatory Registration

What contracts are subject to state registration - such a question arises for citizens who enter into transactions with large sums of money or sign agreements that need to be certified by a notary. Among such transactions is a whole category of securities. These are official documents that directly relate to real estate and various operations with it.

Where is the certificate issued?

Contracts subject to state registration are certified by Rosreestr. Such a procedure ensures the correctness of the preparation of such a document, the fidelity of the transaction, the absence of fraud and criminal fraud on either side, the consolidation of the legal rights to dispose and own the real estate for the new owner or several, the legitimacy of the changes made if some additional acts were signed, as well as recognition operation is invalid.

In cases where such registration is not carried out, the completed transaction is considered null and void. Thus, a contract not paid in due course and not duly registered or an addition to it shall be invalid. In such cases, in case of disputes and going to court, this agreement will not be taken into account. In addition, when drawing up agreements on real estate transactions, the accuracy and correctness of all the specified information is mandatory checked. Therefore, contracts with improper execution are also not considered valid.

What real estate transactions are subject to registration?

What contracts are subject to state registration, when it comes to real estate transactions:

1. Transactions that lead to the alienation of property from one citizen and to the acquisition of rights to it by another person.
2. Additions that modify one or more points of transactions concluded earlier.
3. Real estate arrangements that do not result in a change of ownership.
4. Mixed contracts, where we are talking about real estate partially.

Varieties

Transactions involving the transfer of ownership are divided into the following types:

1. Agreement on the exchange of real estate and its components.
2. The contract of sale of a unit of real estate or a certain part thereof.
3. Papers through which real estate is donated.
4. Agreements involving the transfer of ownership of real estate to a second party in the form of a donation.
5. An annuity contract, for example, a lifelong dependent.
6. Agreement regarding the lease of an immovable object with its subsequent purchase.

What else do you need to know?

In order for all processes and actions accompanying the transaction subject to mandatory state registration of the contract to be carried out in compliance with the law and to be legitimate, it is necessary to pay attention to the following important points:

1. When transferring, moving or purchasing buildings (their parts), this fact is certified by means of a special certificate (certificate), which is issued by a specific state body.
2. When transferring ownership, two processes are carried out simultaneously: direct registration of the fact of such an agreement and registration of newly arisen rights to the object.

There are such agreements that do not intend the transfer of rights, but only their partial, temporary termination, for example, a lease. State registration in this case is also necessary.

Order of conduct

State registration is a standard procedure consisting of several stages. After we find out which contracts are subject to state registration, it is necessary to analyze the procedure. First you need to submit an application for its implementation, and then collect and provide the necessary list of documents. During the period established by law, these securities will be considered, necessary checks will be made, and a decision will be made.

First of all, the correctness of the agreement is checked. Then all remaining documents are checked for authenticity. If an employee of a state body doubts their authenticity, he submits an application for confirmation of the required information to the competent authorities.

The procedure for registering contracts is not free. In the process of registration it is required to pay the fee and, together with the rest of the papers, provide the appropriate receipt.

Required documents may vary depending on the type of contract. In addition, the organizations in which registration will take place will also vary. For example, real estate transactions receive legal force after registration in Rosreestr. The same applies to contracts of gift, lease, equity in construction, sale, etc.

An application for state registration can be submitted in person or via the Internet. Only in the second case, to send documents you need to have an electronic digital signature. In addition, documentation can be sent by mail. In this situation, all papers are certified by a notary.

Registration denial

The decision to register can be both positive and negative. This means that the applicant may be refused registration of the contract. The reason is written in writing and must contain a reasoned explanation. Thus, a refusal to register a contract can be obtained due to an insufficient paper package or if errors are detected in the compiled document. The applicant is given a certain amount of time to correct existing shortcomings, after which he can re-apply for registration. If the employees of the state agency again find flaws, the papers will be returned.