Notarization is a certification of the authenticity of a document or its copy. The need for such an action in some cases is established by law: without the appropriate certification, a number of documents will be considered invalid.
Notarial certification allows you to confirm the authenticity of a document or its copy at the official level: such certification is recognized by all state bodies, legal entities and individuals on the territory of the Russian Federation without exception. That is why the current legislation in relation to especially important documents establishes the requirement for the presence of a seal and a notary signature on them.
Documents that in all cases require notarization
The list of documents that in all cases require notarization is not too long. In particular, it includes a will, which is a written order of a citizen regarding the distribution of property belonging to him after his death. True, Article 1129 of the Civil Code establishes that, subject to certain requirements, a citizen can draw up a will in simple writing if he is in circumstances that threaten his life. However, after the completion of these circumstances, he still has to contact a notary office.
Another document that requires mandatory notarization is an agreement on the payment of alimony. This legislative requirement, established in order to protect the rights and interests of minor children, is fixed in Article 100 of the Family Code of the Russian Federation. In addition, marriage contracts, rent contracts and contracts of life maintenance are subject to mandatory certification by a notary: without notarization, such documents will have no legal force.
Documents requiring notarization in some cases
A separate regulation is provided for the notarization of documents confirming the completion of transactions. A number of provisions of the Civil Code and other regulatory legal acts of the Russian Federation establish the following requirement for transactions resulting from other transactions: if the original agreement was concluded in a simple written form, the agreement on the transaction based on it is also concluded in simple written form. If the original contract was certified by a notary, the subsequent contract is also subject to notarization. Such a condition applies, for example, to agreements on the assignment of claims, agreements on the transfer of debt and other similar documents.
In addition, notarization of documents confirming the transaction is required if the parties have reached an agreement on such certification and recorded it in writing. In this case, even if by law the intervention of a notary is not mandatory, the absence of his seal and signature on the documents will entail the invalidity of the transaction. This condition is fixed in article 163 of the Civil Code of the Russian Federation.
