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Enforcement System Of Notarized Documents

Posted on:2012-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:L Y GongFull Text:PDF
GTID:2206330335457187Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
According to civil law Notarization System (or the Latin Notarization System) there is no doubt that the certificate has the evidence of public power, and execution. So in the notary system, given the effectiveness of enforce to instruments is one of the notary public s principal business .Giving the effectiveness of enforcement to notarized documents ,when debtor fails to perform or improper performance of obligations under instruments .Creditors can apply for court enforcement of notarization .No need to go through legal proceedings. Shorten the process of realization of rights. It can protect of legitimate rights and interests timely and effective.Since 2003, China formally joined the International League Latin notary. After that the, notarization System has been developed rapidly. However, enforcement of notary documents system has always been the slow development .Alliance with the Latin notary compared to other countries. Mainly due to the lag of the relevant legislation notary, content requirements . In practice, the using is non‐uniform. The existence of these affect the status of the enforcement regime of notarized documents in judicial practice, to play its preventive role.In this paper, author used comparative analysis. The aim is to research the meaning the characteristic, the function and the content of documents on enforcement system. Comparing with existing system of countries and regions. Identify the system of legislation and practice. And propose measures to solve existing problems. I hope it can provide reference system for the enforcement of notarial documentsThis paper is divided into three parts. The first part is notarized documents in the enforcement system . Discusses the implications of the system, characteristic, function and content. The second part , the main countries is to compare with the other countries to find the discipline and spirit. The third part of the paper is resolving the problems .The views of the author include: expanding the scope of the existing system, improve the implementation of the certificate System and review system, and Litigation System refinement.
Keywords/Search Tags:Notarial documents, Enforcement, System Improvement
PDF Full Text Request
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