- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
99

(1916) Author: Alfons Heyking - Tema: Russia
Table of Contents / Innehåll | << Previous | Next >>
  Project Runeberg | Like | Catalog | Recent Changes | Donate | Comments? |   

Full resolution (JPEG) - On this page / på denna sida - Pages ...

scanned image

<< prev. page << föreg. sida <<     >> nästa sida >> next page >>


Below is the raw OCR text from the above scanned image. Do you see an error? Proofread the page now!
Här nedan syns maskintolkade texten från faksimilbilden ovan. Ser du något fel? Korrekturläs sidan nu!

This page has never been proofread. / Denna sida har aldrig korrekturlästs.

p. iv., Сн. iv. DRAWING UP, &c., DOCUMENTS.

99

drawn up by the local authorities of the particular Consular district.
Such documents are, for instance, contracts, powers of attorney,
wills, &c., See. The attestation states, that the document is " in
accordance with local laws."1

The Consular attestation does not preclude the Russian law courts
from examining the formal validity of such documents, nor prevent
the interested parties from contesting its conformity with the laws
of the country where it was drawn up. This attestation of the State
Consul does not serve as a guarantee of the incontestability or
correctness of the contents of the document, according to the law of the land,
but only of the fact that the said document was drawn up in
accordance with the procedure and in the form legally adopted in that land,
i.e., with the participation of those officially recognised persons to
whom, under local law, is entrusted the supervision and observation
of the usual legal formalities.2 From this it appears that a Consul,
by certifying the correctness of documents drawn up abroad, does
not guarantee that the contents of such documents may not be
disputed on the basis of the laws of the country in which the said
documents were executed, since a guarantee of this nature, involving
the consideration of questions often of an extremely complicated
character and requiring special juridical knowledge, can only be given
by local legal authorities. On the other hand, the Consul in such
case is not obliged to demand that the document shall be in conformity
with Russian law, nor to enquire into legal value of its contents. It
follows, therefore, that the Consular legalisation cannot impart legal
validity to a document the contents of which are at variance with
.Russian law, as the formal correctness of a document drawn up abroad
" does not determine its legal validity in the eyes of the Russian
authorities."3 For this reason, also, the Consular attestation of such
documents cannot influence the decision of the Russian courts as to
their legal validity. However, as long as a document drawn up
abroad in accordance with local law does not refer to a transaction
prohibited by the laws of Russia or opposed to public policy, it is
recognised as valid in Russia, although the form in which it is drawn
up may differ from that observed in Russia.4 As regards documents
which are drawn up abroad privately, i.e., without the participation
of Notaries Public or other official persons, it is important that Russian
State Consuls, when attesting such documents, should make sure that
the local law permits the particular form of document.

Documents which have not been furnished with the attestation
of a Russian Consul are regarded in Russia as " domestic " (domashnie).
Their legal force is determined by Article 458 of the Russian Code of
Civil Procedure.5

In appears, therefore, that the Consular attestation has only this

1 Russian Code of Civil Procedure, Arts. 464, 465, 707, Ed. 1883.

2 Circular of the II. Department of the Ministry of Foreign Affairs of 21st
■October 1882, No. 9742.

я Decision of the Civil Court of Cassation of the Ruling Senate, 1880, No. 8376.

4 Decision of the Civil Court of Cassation of the Ruling Senate, 14th May 1880,
No. 144.

5 Decision of the Civil Department of the Ruling Senate, 1881, No. 1S3 ; 1874,
No. 837.

<< prev. page << föreg. sida <<     >> nästa sida >> next page >>


Project Runeberg, Sun Jul 3 19:41:15 2016 (aronsson) (download) << Previous Next >>
http://runeberg.org/consular/0119.html

Valid HTML 4.0! All our files are DRM-free