A transaction under the Civil Code of the Russian Federation is a process that changes or terminates the rights and obligations of a citizen. Signs of the transaction are:
- only actions of people can be considered a deal;
- these actions must be lawful;
- these actions are specifically aimed at the emergence, termination or change of civil rights;
- the purpose of the transaction is the satisfaction of property and spiritual and moral needs.
In what cases is a notarized transaction certificate required? Let's figure it out.
Composition
The concept of the composition of the transaction implies the existence of a certain set of circumstances, the presence of which is mandatory in any of the transactions, and as a result of changes and elimination of them, the consequences that the person had expected in making this transaction may not occur. The objective side of the composition of the transaction refers to the intentions of the parties to conclude an agreement. This is the will of the parties. It can be direct, that is, committed by a person verbally or in writing, personally or indirectly, that is, on behalf of a person who wants to make a transaction, actions proceed that cannot be interpreted otherwise than as the intention to complete the transaction. The subjective elements of the composition of the transaction are the circumstances that characterize the subjects. Transactions with minors will be discussed in more detail in this article.
Which are there?
They are divided into types depending on how many people express a desire to participate in the transaction. Thus, the transaction can be unilateral, bilateral and multilateral. There is also a division into species, depending on whether a contract fee is charged or whether the terms of the contract are carried out on a free basis. That is, it can be paid (payment is provided upon fulfillment of the terms of the contract) and gratuitous (obligations in accordance with the contract are fulfilled without payment and without any property compensation).
In addition, transactions under the Civil Code of the Russian Federation are divided according to the moment of their occurrence: real, that is, they are completed if the thing is transferred to one of the parties to the transaction; consensual, that is, the possibility of their implementation is carried out at the moment when an agreement is reached on the transaction. It can also be unlimited, that is, the time when it enters into force, and the time when it ceases, and the urgent one, with the determination of the moment the action begins or the moment of its termination, is not defined.
Transactions with minors are carried out quite often.
The form
The transaction form is understood as the expression of the will of the participants in the transaction to complete it. The law provides for two varieties: oral and written. Oral conclusion is possible in any case, subject to certain conditions:
- when the law or the agreement of the parties did not necessarily establish a written form;
- when the execution of the transaction occurs upon the fact of their completion (exception - transactions requiring notarization, as well as transactions deemed invalid if they are not concluded in writing);
- the conclusion of the transaction as a performance of the written form of the contract, as well as in the presence of an agreement of the parties that execution is possible orally.
All other cases provide for the conclusion of a contract in writing.
How to enclose it?
The conclusion of a simple written transaction is carried out by compiling one document, which is signed by all interested parties. A written form is required:
- at the conclusion of transactions in which legal entities are participants;
- at the conclusion of transactions between citizens, if the amount is more than ten minimum salaries.
If the written form is not followed, then this may deprive the parties of the opportunity to dispute, make reference to the terms of the contract, however, this cannot deprive them of the right to use written or other evidence. In some cases, simple writing is not enough; notary certification or state registration of transactions is required. Mandatory certification by a notary is required in the event of a transaction related to a mortgage of real estate, collateral obligations, annuity contracts during the execution of life-time maintenance, as well as in cases where this is provided by agreement of the parties. State registration is required for all transactions with land and other real estate.
Conclusion of transactions with minors
Russian law determines that a minor is considered a citizen until he reaches the age of 18. The Civil Code divides minors into two categories: minors - children under the age of 14; minors - aged 14 to 18 years. Teenagers in the second group differ from the first in that they are endowed with a large number of rights in the event of the conclusion of civil contracts. Adolescents from the age of 14 to 18 are given the right to participate in the conclusion of transactions: they can themselves conclude agreements, sign documents, etc. But all actions of this kind occur if there is a written consent given by parents or legal representatives. Young citizens do not have such rights; instead, these rights are exercised by the parent or other legal representative.
Legal representative
When making transactions committed by minors in which one of the participants will be a child, you must first determine his legal representative. That is, the person who will actually participate in the transaction, and with what documents this should be confirmed. So, the legal representatives of the child can be: mother and father, adoptive parent, guardian (if the child is a young child) and trustee (if we are talking about adolescents from 14 to 18 years old). It is these citizens who can perform all legal actions on behalf of the child.
Confirmation of Authority
Legal representatives must have documents proving the existence of such powers. For parents, this is a passport and birth certificates of children. For adopters, such a document is an adoption certificate. The guardians and trustees - documents issued by local authorities. When raising a child in a foster family, it is necessary to provide a document confirming the transfer of the child to the foster family, issued by the guardianship authorities. When a child resides in public institutions, the head of this institution is considered the guardian of the child. And he can act in the interests of the ward.
Base
The basis in this case is the decision of the relevant authority that the child was placed in this institution. State registration of transactions with real estate, registration of applications and other necessary documents on behalf of adolescents under 14 years of age, is carried out by legal representatives, they also sign contracts. Teenagers, aged 14 to 18 years, sign contracts and submit applications for state registration of rights on their own.
Documents
In addition to the above documents, upon registration of rights, other documents must be provided, namely:
- documents that confirm the authority of the legal representative of the minor;
- documents that confirm the rights of minors aged 14 to 18 to independently dispose of property (decision issued by a guardianship authority or a court that a minor who has reached 16 years of age has been recognized as fully capable, as well as a certificate of marriage by minors );
- the written consent of the legal representative to conclude the transaction by adolescents aged 14 to 18 years;
- a written permission issued by the guardianship and trusteeship authorities about the disposal of legal representatives of the property of a child under 14 years old;
- written permission issued by the guardianship authorities to give consent to the legal representative of a minor from 14 to 18 years old, to dispose of property.
The grounds for the invalidity of transactions interest many.
Failure to submit all designated documents entails a refusal to carry out the registration procedure.
When is consent required?
The consent of guardianship authorities is required in the following cases:
- when renting property that belongs to a minor;
- in case of alienation or transfer of the child’s property under a contract for gratuitous use;
- when transferring property as collateral;
- upon refusal of the rights belonging to minors;
- in the division of property of minors;
- in transactions, the execution of which will lead to a decrease in the property of the child;
- upon the alienation of the dwelling in which the guardianship families of the owners of these premises live or the minor members of the owner’s family left without parental care, if the rights and interests of such persons were affected. Also, all supporting documents for notarization of the transaction are necessary upon receipt of the inheritance by the child or property under a gift agreement.
Bans
There are some prohibitions on transactions involving minors. Under Russian law, guardians, trustees, their wives and husbands, as well as close relatives, are not entitled to make transactions with wards (the exception is the transfer of property to wards under a gift agreement or for free use). The procedure for concluding a transaction must be observed without fail.
In addition, the law prohibits representing the interests of the wards during transactions or in court cases between the ward and the spouse or close relatives of the guardian. For example, the law prohibits the sale of an apartment owned by a child for whom the mother acts, the mother’s parents or her other relatives. It turns out that the commission of onerous transactions in this case is prohibited, regardless of whether the child acquires or alienates the property. In such situations, only giving is possible. Another rule is the prohibition on granting property rights to legal representatives on behalf of the child.
The grounds for the invalidity of transactions will be considered below.
Invalid
The legislation establishes the grounds, in the presence of which transactions involving minors can be declared invalid:
- conclusion of a transaction by a child under the age of 14;
- conclusion of a transaction by a teenager aged 14 to 18 years in the absence of written permission of a parent or legal representative.
When making transactions with minors, it is necessary to remember that the legislation establishes a number of restrictions for such cases, and this should be taken into account.