Human activity today has acquired a large number of species branches. It is carried out using various methods and techniques. Moreover, human activity is increasingly becoming interethnic in nature. In addition, due to the relentless evolution of society and relations in it, people find new niches for organizing their work.
It should be noted that the breadth of activity necessitates its rigorous regulation and control. This can only be done if there is a universal coordinator of public relations. At the moment, such in the world is law. However, there are times when people carry out actions for which the usual method of regulation is not suitable. For example, acts of a regulatory nature are directly related to personal rights and interests. At the time of their commission, the presence of a third party is required.
This postulate has become the main principle of the development of the notary institution. Today it is considered a progressing field of activity, especially in the Russian Federation. Its representatives perform many different and important functions. One of them is the establishment of an executive inscription on documents.
The Institute has many important features and certain conditions of existence, which will be presented later in the article.
The concept of notary
The executive inscription of a notary is one of the instruments of activity of the same type of modern profession. However, to understand all its features, it is necessary to find out the key points of the title category. Thus, the question arises of who such notaries are. Such servants appeared back in ancient Rome.
Initially, they were not considered lawyers. Over time, the approach to understanding notarial activities has changed significantly. With regard to modernity, in the 21st century these entities are persons who have the authority to carry out special actions, that is, notarial ones. These include:
- evidence of fidelity and authenticity of copies of documents;
- evidence of fidelity of signatures on various documents;
- evidence of fidelity of the translation of documents;
- certification of various legal facts, etc.
It should be noted that in the Russian Federation, notaries are more developed than in Western countries. This fact also applies to other states of continental law. They include notary services, prices for which can vary completely differently, are a very relevant area of activity.
What is an executive notary?
The functions of the subject mentioned in the article are quite broad today. This is due to the popularity of the notary public as a whole, as mentioned earlier, as well as the need to implement some of its functions.
The bottom line is that the notary is directly involved in many legal relationships between private law entities. This fact manifests itself most fully at the time of transactions.
In turn, the executive inscription of a notary is one of the instruments of his activity. In a broad sense, the presented category acts as a way to recover property or money from the debtor.
Thus, the notary's executive inscription allows the lender to satisfy his interests without a lengthy litigation procedure.In other words, such a form of recovery is non-procedural, that is, simplified.
Terms of action
The notary's executive inscription is a very "finicky" tool, if we talk about the scope of its application. In other words, there are several conditions, the presence of which allows it to be applied.
One of the most important factors is the indisputability of debt. The norm that stipulates this condition is prescribed in detail by the law on notaries (“Fundamentals of the legislation of the Russian Federation on notaries”).
It also presents document requirements and other features of the institute. The law on notaries is the basis of the regulatory framework, which regulates the implementation of executive inscriptions on documents.
Thus, this tool has a strict scope of application. In addition, the execution of the executive inscription is regulated by a whole system of regulatory provisions.
Documents enabling an undisputed recovery
Debts of individuals (as well as legal) are subject to satisfaction on the basis of an executive inscription only in some cases. In other words, certain documents must be submitted in order to initiate an indisputable recovery.
In the current legislation, the norms of which regulate notarial activity, there is a list of moments when the executive inscription can be applied. Given the provisions of regulations, we can say that the indisputable collection of debt is carried out according to the following documents:
- notarized transactions, monetary obligations or those concluded with the purpose of transferring property;
- credit type agreements;
- documents of a different nature, the list of which is established by the central authority.
Thus, each person can be initiated by the executive notary on the loan agreement and other similar transactions. However, the availability of relevant documents is not the only condition for the fulfillment of the said action.
What should be considered when using the inscription?
There are certain conditions that provide an exceptional opportunity to collect debts in the pretrial order. According to Article 91 "Fundamentals of Legislation ...", an executive inscription can be made if the following points exist:
- absolutely all documents proving the indisputability of recovery were provided;
- the term for fulfillment of the obligation expired no more than two years ago.
Thus, in order to implement a pledge agreement or a transaction of a different type using a notarial inscription, these points must be taken into account. If they do not meet the requirements, then an indisputable solution will be impossible.
What should be indicated in the executive inscription?
Any legal action should be strictly regulated. The executive inscription of a notary is no exception. It should have a clear content. The following information must be entered in the executive inscription:
- statements about the notary;
- name, statements, address of the debtor and creditor;
- collection period;
- Amount to be recovered;
- date of inscription;
- registry action number.
In addition, the notary must put a stamp and his own signature so that the debt document is completely ready.
The presented form is strictly regulated, which does not allow the subject to personally change any details or make other statements.
What is the recovery order?
Realization of a debt obligation is a very laborious process. Moreover, it requires a lot of effort and, most importantly, time. Nevertheless, the procedure for presenting an executive inscription on a document is relatively simple. This is due to two points:
- Firstly, the indisputability of the obligation allows a person to "circumvent" the trial.
- Secondly, the presentation of the executive inscription initiates the beginning of the enforcement proceedings. That is, the relevant authorities will independently engage in debt collection.
Thus, the interested person must provide a document with the executive inscription of the notary to the state executive body. The main thing is that the action was committed within the framework of the law, taking into account all existing conditions.
Some features of foreclosure on bail
In the modern legal system of Russia, there are legal relations that differ in some specifics. An example is a pledge agreement. It is associated with exclusive human rights to certain things. Its subject is pledged property, which in the event of default may be transferred to the creditor. Involvement of the executive inscription on contracts of this kind is due to certain specifics:
- a different list of documents from the standard;
- the need to provide the debtor with the opportunity to fulfill the obligation.
In this case, the notary may refuse to carry out an executive inscription. The reason for this may be the provision by the debtor of documents that indicate the actual performance of the obligation.
Conclusion
So, in the article we examined the features of the executive inscription, and also answered the question of what are the services of a notary. The prices of the work of such entities depend on their qualifications. As a rule, the cost of such a service is approximately 3000 rubles.
In addition, in conclusion, it should be noted that the implementation of notarization entails certain legal consequences, and is also an excellent way to protect the rights of citizens.
