On Notarization Of Obligatory Right Documents With Enforceability

Giving the enforceability to the obligatory right documents which meet certain conditions by notarization is a special function of the Notary Public. The notarial obligatory right documents have the enforceability which can make the creditor's right be realized successfully by conducting the executive procedures directly, not having to go through the refereeing proceedings performed by the judicial authority. It not only avoids the waste of judicial resources, but also ensures the security of transactions and legal orders expected by the parties. Because it is convenient and fast as well as economical, with the rapid growth of social economy of China, the notarization of obligatory right documents provided with the enforceability has become a popular legal action taken by more and more parties to ensure the realization of the creditor's rights. However, since the rules in Chinese laws and regulations relating to the notary system of the obligatory right documents which are provided with the enforceability are too simple, the theoretic field and the practical field, the Notary Public and the Court, and other relevant parties understand this system quite differently for a long time. Therefore, the current compulsory enforcement of numerous notarial obligatory right documents in judicial practice is just passable and the notarial obligatory right documents fail to fully play their due role functions. For this reason, this thesis, basing on the judicial practice in China, deeply analyzes the legal basis, the value of practice, existent issues and so on for the notarization of obligatory right documents with the enforceability by jurisprudential analysis and empirical analysis, to discuss the approach and method for the completion of this notary system.This thesis has more than 33000 words in total. Except for the forward, the text is divided into three parts:Part 1 discusses the basic principles of the notarization of obligatory right documents with the enforceability in detail and analyzes its legal basis and its value of practice by defining the concept, analyzing the characteristics and introducing the history.Part 2 anatomizes a certain number of issues relating to the notary system of the obligatory right documents with the enforceability in judicial practice of China and presents the writer's view on the scope of obligatory right documents which can be provided with the enforceability by the notarization, the verification of notarization, the period of enforcement for which the creditor has the right to apply, the unactionable issues which have the notarial certificate with the enforceability, the court investigation and the handling for the objections raised by the parties and the outsiders from the certificate of enforcement, etc.Part 3 discusses the advices to complete the notary system of the obligatory right documents provided with the enforceability in China. It is suggested to complete this system by appropriately expanding the scope of obligatory right documents provided with the enforceability, unifying the standards which the Notary Public follows to sign and issue the executive certificates, reducing the related randomness that the court makes the judgment of implement denied, completing the system for the execution of objection and so on, to ensure that the functions such as standardizing the civil and commercial economic activities, maintaining the normal order of the law and protecting the lawful rights and interests of parties are fully brought into play.