Mine agreement: barter exchange of property
Under an exchange (barter) agreement, either party undertakes to transfer ownership of one product to the other party in exchange for another product.
Each of the participants in the mine is considered the seller of the property giving in exchange and the buyer of the property he receives. Therefore, when concluding and certifying an exchange contract, almost all issues of the relationship between the parties (the form of the contract, its subject matter, the rights and obligations of the parties, the moment the right of ownership arises, the legal consequences of the alienation of property) are resolved according to the rules of the sale and purchase contract.
Under martial law, contracts related to the transfer of rights to property, especially real estate.
If it is necessary to draw up an individual exchange agreement, we recommend using the Consultant legal services service to order a turnkey document.
A little more about the mine (barter) agreement
The barter agreement in the system of civil law contracts is essentially the only contract in which the parties do not have a specific name. They are called simply and namelessly - the parties to the contract.
By its legal nature, an exchange agreement as an independent type of civil law agreement is close to a contract of sale. It is interesting that they are closely connected by the history of origin and development. The barter contract arose during the development of human society; at a time when money as such in all its forms did not exist. Of course, at that time, the mine itself did not have a legal nature.
When preparing for the certification of an exchange agreement, a notary checks the absence of a prohibition on the alienation or seizure of property by obtaining information from the State Register of Real Rights to Real Estate.
For certifying a contract for the exchange of a residential building (apartment), a state fee is paid in the amount of 1% of the amount of the contract (value of property), but not less than one non-taxable minimum income of citizens.
The mine agreement is structurally rather complicated, therefore we highly recommend contacting lawyers for the correct and full support of your agreement.
Features of the commission agreement: what structure?
If an agreement on the exchange is not reached by family members, then everyone can demand in court the forced exchange of the occupied premises in different houses or apartments. When resolving a dispute, the court must determine whether the plaintiff is entitled to the exchange, and after that proceeds to evaluate the exchange options offered by both the plaintiff and the defendant.
List of documents required for registration:
Passports of the parties, certificates of assignment of an identification number;
Documents confirming the ownership of the alienated property (Certificate of ownership, sale and purchase agreement, donation agreement, certificate of inheritance, etc.);
Extracts from the register of ownership of real estate issued by the State Bureau of Technical Inventory (for alienation);
Certificates on the composition of residents, issued on the day the contract was certified;
Statement of consent of the spouse (spouse) to the alienation of property, if the property was acquired during the period of a registered marriage (notarized)
Marriage registration certificate;
Statement of consent of the spouse (spouse) for the purchase of property (notarized);
Marriage registration certificate;
Certificate of no tax lien.
Therefore, if it is necessary to analyze an exchange agreement or develop an individual document, we suggest using our legal services "Consultant". Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Barter agreement template
The best specialists in the field of contract law are already ready to provide appropriate advice! We offer high quality services with comfortable service.
Buying a mine contract template just got a whole lot easier! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
By clicking the "Buy Template" button, you will immediately receive a link to download the document.
