Research On Effects Of Granting Forcible Execution Effect On Creditor’s Rights Document

As an old adage goes:"Law holds the key to governance,and a good law paves the road for good governance",in a modern world ruled by law,the State increasingly values precautionary systems as such.Similarly,notarization plays a crucial part in preventing disputes.Among three major legal effects,i.e.evidentiary effect,forcible execution effect on creditor’s rights document and constituting effect of conditions of juristic acts,the system to grant forcible execution effect on creditor’s rights document constitutes a basic system for notarization of the continental law system,embodying the mandatory force of the State.It is a unique notarial activity where notarial organ,at the application of party concerned,grant forcible execution effect on creditor’s right documents with exact meaning in content.By saying activity where notarial organ issues notarial certificate to grant forcible execution effect on creditor’s rights documents,it means that:the notarial organ,according to the rights granted by the State and formalities stipulated in laws,carry out inspection on creditor’s rights documents on paid currency,articles or negotiable securities at the application of party concerned.Then,the notarial organ will confirm that the facts and legal relations listed therein are clear,that there is no dispute between both parties concerned and that the documents list debtor’s promise of accepting forcible execution effect when he/she fails to perform or improperly performs his/her obligations.Finally,the notarial organ will issue a legal instrument certifying the forcible execution capacity of abovementioned creditor’s rights documents according to laws.Featured by convenience and high-efficiency,the formalities of granting forcible execution effect on creditor’s rights documents fully facilitate the notarization functions,satisfying needs of parties concerned in settling debt disputes on their own.It also meets the State in its demand for secure transaction in the market economy and in its need for a better judicial resource allocation upon judicial system,relieving pressure for case hearing.By and large,this will protect both the legal order of the society and the legal rights and interests of the parties concerned.Focusing on notarization on grating forcible effect on creditor’s rights document,this paper will study on notarization forcible execution cases nationwide in recent years with the principles of summarizing theory from practice and applying theory to practice.Based on the introduction to fundamental theory of notarization system to grant forcible effect,this paper will tease out its acceptance scope and practical issues worth attention under current legal framework.Then it will further analyze the effectiveness of the notarization system to grant forcible effect.On one hand,it satisfies the needs for perfecting the notarization system to grant forcible capacity;on the other hand,it makes sense to transform relevant notarial services.