GENERICO.ruWorldThe lawyer told when to doubt the legal capacity of a party to the transaction

The lawyer told when to doubt the legal capacity of a party to the transaction


A girl signs documents MOSCOW, 2 Jan. According to the law, concluded with a person who is considered incapacitated, the transaction can be declared illegal and null and void – even if the other party was not aware of the counterparty's status. To avoid such a result, you must carefully monitor the behavior of the other party, establish contact and monitor the attempts of third parties to influence the course of the transaction. However, even such measures cannot guarantee the absence of “pitfalls” by 100%, the head of the commission of the Federal Notary Chamber for methodological work, Ilya Radchenko, explained to the Prime agency. “A person may be declared legally incompetent due to serious mental illness or addictions You can check the availability of a court decision on legal capacity in the Unified State Register of Real Estate (USRN), but this source is not exhaustive. a notary has no right to insist or receive such information for another person, “he explained. It may be that the party to the transaction is capable in general, but in a particular situation he does not understand what is happening and does not realize the possible consequences. A person shows clear signs of incapacity, his creation is distorted under the influence of psychotropic substances or third parties put pressure on him, he may get confused due to health problems or ignorance of the legislation.

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