Informal contract

Informal contract

 

For the conclusion of the replacement contract, the legislator does not require a form of reality to be complied with. It is enough to have an oral agreement on the transfer of ownership of the replaced items to bind the persons who made it. However, if a special form is envisaged in view of its subject, it must be respected. For example, under the provisions of the LCP, contracts for the transfer of ownership or for the constitution of other real rights on immovable property must be executed by a notarial act and, according to the Act, the contracts for the acquisition and disposal of property - private state or municipal property, shall be concluded in writing. The replacement contract should also be concluded in that form where at least one of the counterclaims relates to the transfer of a right in rem on immovable property. In view of the needs of the practice, it must be assumed that the written form is sufficient also in cases where only one of the replaced properties is owned by the state or the municipality.

 

The notarial deeds for the transfer of ownership or for the creation of a real right on immovable property are performed by the notary in whose area the property is located. Similarly, entries, remarks, and cancellations of immovable property are made by order of the Registrar by the registry office in whose area the property is located. The application of those rules is difficult in the case of the exchange of real rights over immovable property located in the territory of two or more different jurisdictions.

 

In order to comply with the local jurisdiction and the substitution agreement, it may be necessary to make two correlation notarial transfers in two or more separate notarial acts for the transfer of each of the replaced ward The number of notarial acts will depend on the number of the replaced properties and their location. However, the acceptance of this authorization will result in the artificial division of the replacement contract into two separate documents and the need to pay notarial fees on the value of each of the exchanged properties.

 

A similar problem in relation to compliance with the rules of local notary jurisdiction also arises in the establishment of easement law whereby the dominant and service property is located in the territory of two different judicial districts. since the land easement constitutes a limited right of property, which imposes the burden on the servant property, the location of the latter will determine the local competence when the notary deed is issued for its establishment. The contract for the constitution of the easement right must be recorded both on the account of the servant and on the account of the dominant property. However, in the substitution agreement, two separate real rights exist in respect of two different real estate property. In this case, it is not possible to apply the permission granted to easement rights.

 

In the case under consideration, the choice of the persons involved in the contract between a notary in each of the judicial areas where the replaced real estate falls. Such a justification is justified by the following considerations: (1) the integrity of the transaction is preserved; (2) procedural economy is achieved and legal certainty is ensured by entering the notarial act in the Registry Agency; (3) each of those notaries has a formal basis for its notarial jurisdiction, since at least one property is located within the territory of its area of ​​activity; (4) the interests of the parties are respected as the notarial fees due in this case will be calculated from the value of the consideration which is greater