What are the legal effects of notarization?
According to Chinese laws, notarization has three legal effects.
Evidence effect. The evidential effect of notarization means that the contents of notarization have special probative power and can be directly used as the basis for ascertaining facts. Article 67 of the Civil Procedure Law of People's Republic of China (PRC) clearly stipulates that "the people's court shall take legal acts, legal facts and documents notarized through legal procedures as the basis for ascertaining facts." In civil litigation, in principle, an uncensored notarization certificate should be adopted.
The effect of making a legal act effective. Specifically, according to the provisions of the law or the agreement of the parties, legal acts must be notarized before they can have legal effect. If the notarization procedure is not fulfilled, the legal act cannot produce legal effect. Generally, it includes the following three situations: according to laws and regulations (including administrative regulations and local regulations) and rules, some legal acts cannot produce legal effect without notarization; According to the agreement of the parties, some legal acts must be notarized; According to international practice, international treaties and bilateral agreements, legal acts can only produce legal effect after notarization.
Implementation effect. The enforcement effect of notarization means that the notary office can give the creditor's rights documents the enforcement effect according to law. When the debtor fails to perform at the due date, the creditor may, based on the notarial certificate of the creditor's rights document, directly apply to the people's court with jurisdiction for execution without trial procedures. At the same time, it can greatly reduce the workload of people's courts or arbitration institutions, which is conducive to the stability of social and economic order.
The Value of Notarization Legal Effect
The notarization system exists only because notarization has its unique legal function in social life. The unique legal function of notarization is realized through the legal effect of notarization. The legal effect of notarization is a fundamental and overall problem in the whole notarization system. It can be said that the legal effect of notarization is the life of notarization system. The value of the legal effect of notarization is shown in the following aspects:
(1) The legal effect of notarization is the carrier and embodiment of notarization function. Notarization system is the service, communication, notarization and supervision of notarization institutions in social and economic life through notarization. Different social intermediary organizations play their intermediary role in society through different functions, and the intermediary role of notarization is realized through the unique form and legal effect of notarization. Therefore, the legal effect of notarization is the carrier and embodiment of notarization function, the destination of notarization function and the lifeblood of notarization system.
(2) The legal effect of notarization is the fundamental reason why society seeks notarization protection. The reason why people apply for notarization is to safeguard their legitimate rights and interests through notarization, and to exert its legal effect through notarization to safeguard their legitimate rights and interests. Over the years, the cause of notarization has been developing continuously, because people increasingly realize that notarization has unique legal effect and can effectively protect their legitimate rights and interests. If the notarial certificate has no legal effect, it is equivalent to a piece of waste paper, and no one will handle notarization.
(3) The legal effect of notarization is the legal protection of notarization system by law. In administrative law, when people talk about the significance of the effectiveness of administrative acts, they think that "the most direct significance of administrative acts is the protection of administrative acts by law and the life of administrative acts." Pre-emptive force, public power, certainty, binding force, execution and viability all provide legal protection for administrative actions from their respective perspectives. "The legal effect of notarization is the same, which also reflects the legal protection of notarization system and notarial documents. Without the guarantee of many legal effects of notarization, the notarization system will cease to exist, and the notarization documents will have no value at all.
(four) the legal effect of notarization is the legal reason to strengthen the sense of responsibility of notarization industry. The motto of the Latin Notary Union is "We write the law". It is precisely because notaries are legally binding documents that notaries have a sense of honor, but at the same time they also bear great legal and social responsibilities. Legal effect refers to the influence of notaries on people's behavior, which is related to the stability and tranquility of society and the development and prosperity of social economy. Therefore, notaries should not be careless when handling notarization affairs. Only the notarial certificate that meets the substantive conditions and procedural requirements of the license will play its due legal effect, otherwise it may be revoked according to law or not adopted by the parties concerned, so it has no legal effect.
Notaries are different from lawyers. Many documents written by lawyers have no legal effect, only as a kind of consultation and reference, and people can not be bound by them. This is why lawyers often complain about the function of "I argue with me and he judges him". Moreover, every notarial certificate is written by a notary and is a legally binding document. Therefore, strengthening the sense of responsibility of notarization industry is not only a moral requirement, but also a duty requirement and a legal requirement.
(5) The legal effect of notarization is an important breakthrough in the reconstruction of notarization theory. Focusing on the understanding of the legal effect of notarization, "many problems in China's notarization system, such as the source of evidence, the status of notaries, and the guarantee of notaries' performance of duties, are expected to gain new theoretical ideas. "Indeed, the understanding of the legal effect of notarization is an important fulcrum of the whole notarization system, and the innovation of the theory of legal effect of notarization will directly bring about a major breakthrough in the whole notarization theory.
The legal effect of notarization needs the services of lawyers. You can always find a professional lawyer to provide one-on-one services.