Notary activities in the context of the implementation of the protection of rights: a general theoretical approach
Автор: Moskalenko Anastasia Igorevna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы юридической науки и практики
Статья в выпуске: 2 (39), 2019 года.
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Purpose: To determine the nature of notarial activity through the prism of analysis and interaction of private law and public law components of the protection of rights. Methodology: Dialectical, logical and dogmatic methods were used. Results: The paper considers notarial activity in the context of the implementation of the protection of the right at a general theoretical level. It is established that the distribution of volumes of private and public components in notarial activities is uneven. The private law component is made up of the subjective interests of the participants in the notarial relationship - citizens and legal entities who apply for the protection of their rights and legitimate interests; and the «freedom of profession» of a notary, which is a characteristic of a private notary, due to restrictions on his responsibility. The public component is realized by virtue of the powers of notaries, delegated by the state to them, by the ability of notaries to give rise to legal facts and thereby have an impact on the relevant material and procedural legal relations...
Короткий адрес: https://sciup.org/140240658
IDR: 140240658