In the article, we consider what a certificate of legal capacity is when selling an apartment.
When planning to purchase a home, the buyer always risks in a certain way, since the seller may unexpectedly initiate the termination of the contract, in other words, challenge the deal. In this case, more confidence can be obtained by requiring the seller to provide a certificate confirming legal capacity for the sale of an immovable residential property. To be more precise, certificates from a narcological and neuropsychiatric dispensary are needed. These institutions are available in any of the major cities. In cities of federal significance - Moscow and St. Petersburg - there are even a few such institutions. Getting a certificate of legal competence of an apartment seller in Moscow is very simple.
These documents are not mandatory for concluding sales contracts, but if they are, the buyer has confidence that the other party is reliable, and the likelihood of its incapacity is reduced. But even in this case, one should not hope that the risk will be completely excluded. If there is a trial, then the judicial authorities will be interested exclusively in the sanity of the person at the time of the transaction. An affective state or other insanity may occur even if there is a reference.
Why do I need a certificate of legal capacity when selling an apartment?
The concept of civil legal capacity and legal capacity of individuals
Checking the citizen’s legal capacity is a rather sensitive issue, since it’s impossible to get a 100% guarantee. But you still need to carry out the check. How to do it?
Every citizen has civil rights throughout his life, in addition, he is endowed with certain civil duties, which he cannot refuse. Such possession is lifelong. That is, the term is not limited, but it is not combined with subjective law, but only represents the prerequisites for the possession of a variety of civil rights (ownership of a land plot, a car, an apartment and other objects).
- A legal opportunity or civil legal capacity to bear responsibility and have obligations to act as a subject of law in accordance with Article 17 of the Civil Code. In this case, the seller implies the legal right to own, use and dispose of any housing (for example, an apartment).
- Legal capacity. This is a person's understanding of the meaning of his own actions, their sequence, as well as the ability to perform actions in accordance with legal capacity.
Necessity
A certificate of legal capacity when selling an apartment is not mandatory, but acts as a certain protection for the buyer. In some cases, realtors require it. Such a certificate allows you to make sure that the selling party is fully sane, to find out the degree of its reliability, and to minimize the risk of unexpected rejection of the transaction. You can get the specified document in the ND and IPA. Doctors of these medical institutions will issue a certificate of the established form after passing the appropriate examination.
Certificate from ND (drug dispensary)
This certificate of legal capacity for the sale of an apartment can be obtained from the doctor of the narcological dispensary at the place of residence. This document allows you to confirm that the seller is not registered. Otherwise, his legal capacity may be in doubt.
Certificate from the IPA (Neuropsychiatric Dispensary)
Where else can I get a certificate of legal capacity when selling an apartment?
This medical document can also be issued at the place of residence of the seller, in a neuropsychiatric dispensary. He confirms that the citizen is not a member of this institution, has no mental deviations. If a person is listed in the IPA, then his sanity is doubtful.
Extract from the Unified State Register with legal capacity
What else relates to certificates of legal capacity of the seller of the apartment?
If a person is recognized as legally incompetent, or of limited legal capacity, then the authorities responsible for guardianship at the place of residence transfer information to the Federal Registration Service so that the information is entered into a single database on property rights. All this information is contained in the extract from the Unified State Register. It is provided exclusively to the copyright holder, or to a notary public who has the right to submit requests for certificates of legal capacity of his clients.
Other practical ways to check
If the seller does not provide a certificate confirming legal capacity for the sale of an apartment, its reliability and sanity can be checked in other ways:
- The presence of a driver’s license. If the seller has it, then, then, he passed the examination in PND and ND.
- Personal assessment of the seller. Undoubtedly, it will not be possible to reveal obvious mental deviations, but its general adequacy can be determined. You can meet his neighbors, relatives, colleagues, study the pages of social networks.
- An invitation from a health worker on the day of the conclusion of the PCP for the purpose of an official examination of the selling party and confirmation of the conclusion of the contract at the time of signing the documentation.
- Notarization of the contract. The lawyer has the right to request any required information from the Unified State Register. In addition, he is responsible for his own actions, including material ones.
Certification of legal capacity and legal capacity at a notary
Notarization of DCT reduces all risks of invalidating a transaction. A notary worker is an official witness that each of the parties is in a sane state at the time of signing the papers.
If the seller is incapable
A person may be declared legally incompetent solely by a court decision in accordance with Article 29 of the Civil Code and on the basis of a forensic medical examination in case of revealing a complete misunderstanding of his own actions or identifying a serious mental disorder. The court has the right to establish a guardian. That is, a person who will make decisions and perform actions for a person recognized as incompetent.
If the seller is of limited legal capacity
Only a judicial authority can recognize a person of limited legal capacity (for example, due to drug addiction or alcoholism). In this case, a trustee is appointed. A citizen recognized as having limited legal competence reserves the right to make independent decisions regarding small transactions of a domestic nature. Large transactions can be made only with the consent of the trustee. The supporting base for clarifying the legal nuances in the issue of confirming legal capacity for the sale of apartments is as follows: 26, 29, 30, 31, 32, 37, 1153 and 1157 of the Civil Code, as well as 1221-P and 927-P of the Government of the Russian Federation.