Особливості встановлення нотаріусом дійсних намірів сторін при посвідченні окремих правочинів

The article examines the issue of certification of contracts, the procedure for establishing the actual intentions of the parties by a notary has its own characteristics. Among such agreements, the author singled out those that are certified primarily to ensure the interests of third parties, namely the following contracts: on the payment of alimony for a child and/or on determining the place of residence and the procedure for raising a child or communicating with it. The paper analyzed and characterized various factors when establishing the actual intentions of the parties to the aforementioned contracts, which the notary should pay attention to. The necessity and effectiveness of discussing by the parties such key and essential terms of the aforementioned agreements as: the main and additional amount of alimony when certifying alimony contracts; establishing the schedule and nature of communication with the child of the parent who lives separately; characteristics of the interaction between the parents in the contract on determining the place of residence and the procedure for raising a child or communicating with it; distribution of time according to which other family members and relatives will participate in the child’s life, etc. At the same time, the paper analyzed the features of establishing the true intentions of the parties to marriage contracts by a notary, since the aforementioned procedure is distinguished by the need for a large number of clarifying questions from the notary. It is argued that before proceeding to clarifying the intentions of the parties to the aforementioned agreements, the notary should begin by explaining to the parties the characteristic features, essential conditions, legal and property consequences of certifying such contracts, taking into account the distinctive features of the latter, comparing them with the legal nature of other transactions. It is proved that when carrying out the procedure for establishing the true intentions of the parties to a marriage contract, the notary must necessarily learn and clarify the following features of the manifestation of property rights and obligations of the parties under this agreement, namely the following agreements: regarding the legal regime of their property, regarding the procedure for using joint and separate property, regarding the procedure for managing property and agreements of an obligatory nature. In addition, the unusual question of the popularity and effectiveness of specifying in marriage contracts certain additional expenses for the benefit of the other spouse, often informally called «wife’s salary» or, less often, the husband, when such persons do not work officially and are exclusively engaged in the family and do not have their own separate income, was raised.