The incapacity of the person who concluded the deal can become a risk both for himself and for the other party, according to the material of the Federal Chamber of Notaries, published on Friday, December 10.
It is specified that, as a general rule, full legal capacity arises from the age of 18. But even an adult is not always responsible for his actions. A person may be declared incapacitated due to serious mental illness, alcoholism, drug addiction or gambling addiction.
In addition, a generally capable person at a particular moment may not control himself and not be aware of the consequences of his decisions. For example, he may be emotionally depressed, confused by a recent stroke, etc. And as a result, you may suffer.
On the other hand, an “incorrectly” conducted transaction with such a person may be invalidated. In the case of the purchase and sale of housing, the buyer will lose square meters, and it is not yet a fact that he will return his money.
Citizens whose loved ones behave inappropriately, commit strange acts and run the risk of falling into the hands of swindlers, experts recommend applying to the court in order to limit their ability to make transactions. Court decisions on legal capacity are displayed in the Unified State Register of Real Estate (USRN) – as additional information about the owner of the property.
The notary, when certifying the contract, must check the existence of such an entry. He also conducts a conversation to make sure that the person who wants to make this or that transaction understands the meaning of his actions, broadcasts his will and wants exactly what he is talking about.
On November 1, Izvestia reported that representatives of disabled people (children left without parental care, citizens with disabilities due to mental disabilities) can simplify the procedure for confirming their status in order to manage funds on the accounts of their wards. The corresponding bill was prepared by the Ministry of Labor as part of the development of the social treasury format.
Source: IZ
Jane Stock is a technology author, who has written for 24 Hours World. She writes about the latest in technology news and trends, and is always on the lookout for new and innovative ways to improve his audience’s experience.
