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Publication date: 15.04.2024
It may be necessary to contact a notary in various situations where you need to ensure the legality, authenticity and binding of certain documents or actions. For example, to issue an inheritance, register a civil law contract, draw up a power of attorney, etc.
A notary can refuse to perform a notarial act in various cases, usually related to non-fulfillment of the requirements of the law or to the discovery of circumstances that testify to the invalidity of the act. Here are some of the most common reasons:
1. Insufficient scope of authority: If the notary does not have the authority to perform a certain act in accordance with the law, he has the right to refuse to perform it.
2. Absence or invalidity of documents: If the person who applied to the notary does not provide the necessary documents or if the presented documents show signs of forgery or invalidity, the notary may refuse to perform a notarial act.
3. Violation of the requirements for the state of persons: If the person applying to the notary is not in an appropriate physical or mental state to understand the essence of the action he is going to perform, the notary may refuse to perform the notarial act.
4. Violation of procedural rules: If the notary believes that the procedure for performing a notarial act violates the requirements of the law or standards of professional conduct, he may refuse to perform this act;
5. Performing a notarial act is against the law.
In any case, if you are refused to perform a notarial act, the notary must explain the reasons for his refusal, and these reasons must be clearly stated in the decision on the refusal to perform a notarial act.
Thus, the decision on the refusal to perform a notarial act is an official document in which the notary notes the reasons according to which he refuses to perform a request for a notarial act. This document must be issued in the name of the person who applied to the notary public with a request to perform a notarial act.
The resolution must specify the person who applied to the notary public with a request to perform a notarial act. Also, in the resolution, the notary must specify the specific reasons, according to which he refuses to perform a notarial act. These can be, for example, the absence of necessary documents, insufficient powers of the notary or violation of the requirements of the law. The resolution must contain the date and place of its drafting, so that it can be correctly identified, and signed by a notary public who refused to perform a notarial act to confirm its authenticity.
In practice, there are often cases of appealing decisions and actions of a notary when registering an inheritance.. However, this does not mean that the notary illegally refuses to perform this notarial act. Yes, the refusal may be based on the fact that the documents provided by the applicant have discrepancies, for example, in the spelling of the surname, and in this case the notary lacks legal tools to eliminate these discrepancies, therefore, according to the law, he must issue a decision on the refusal to perform a notarial act. Instead, the applicant has the right to appeal this decision to the court, and the court already in the civil procedure, provided that the applicant correctly defines the claims, has the competence to resolve the issue of differences in the spelling of surnames, etc. Another example of the need to challenge the notary's actions during the registration of the inheritance is the case of the applicant missing the deadline for accepting the inheritance. In this case, the notary has the right only to refuse to perform a notarial act, and in the event of an appeal, the court will already decide on the fact the importance of the reasons for missing the deadline for accepting the inheritance, and the need for its renewal.
Thus, if the person who applied to the notary does not agree with the decision on refusal to perform a notarial act, he can apply to the court to protect his rights and resolve this issue. At the same time, it is important to have in hand a decision on refusal to perform a notarial act, as well as evidence and justification for contesting the notary's actions.
If you are not sure which appeal path appealing the actions of a notary to choose, it is best to consult with an attorney or legal practitioner who has experience in such matters.
