On The Effectiveness Of Enforcement Of The Notarial Instruments Of Debt

Notarization of debt instruments in accordance with the law enforcement to give effect to enable recovery of debt instruments of the items do not have to go through the proceedings can be directly enforced legislation in civil law countries the successful experience of the state coercive power notarization in the activities of the special Embodied. Notarization is still justice, the trial is a dynamic administration of justice, in this sense, given the effectiveness of the enforcement of debt instruments by the "static justice" into a "dynamic of Justice" a key symbol. National force in the activities of the notary is all about. Give full play to its functions of notarization, civil regulate economic activities in a timely manner and to adjust the economic relationship between the civil and safeguard the normal order and the legal protection of the legitimate rights and interests of the parties plays an important role. As a result, debt instruments should be empowered to enforce the effectiveness of practical significance and value.When the debt instrument was given to the legalization of the effectiveness of enforcement, not a party to fulfill obligations to meet, the other party directly to the jurisdiction of the court for enforcement, without having to go through the proceedings. This is a debt instrument to give effect to enforce the law, but because of our country in this respect the law less, but in reality there are more claims of the instrument was given to the effectiveness of enforcement, so there have been no unified standards, is quite controversial And more, we are faced with the reality of the problem is: can be given to the effectiveness of the enforcement of the conditions for debt instruments and the scope of what? Been given in accordance with the law enforcement effectiveness of the notary public debt instruments on the basis of what? Law does not expressly provided for in Circumstances, this paper, the above-mentioned issues through legal and empirical analysis of the more controversial issues one by one the number of the analysis described, I believe that the two-contract works, the conditions attached to the parties or by-laws limit the payment obligations for the parties Negative mutual agreement payment obligations of the contract, the contract for security, the responsibility for breach of contract and so on, can be given to the effectiveness of enforcement. Particularly in the security of a contract given to the possibility of enforcement of the effectiveness of the issue, be it mortgage, pledge or guarantee, combined with the author in foreign legislative experience and practices of the feasibility of the operation, all that can be given to the effectiveness of enforcement.Notary given in the enforcement of the effectiveness of debt instruments, the implementation is the name given to the effectiveness of the enforcement of the notary public debt instruments issued by the notary certificates to the implementation? Given to this issue has a bearing on the effectiveness of the enforcement of creditor's rights instruments to Notarization the possibility of litigation and the implementation of the application deadline When a series of issues such as date. However, the law does not clearly defined, leading to another in practice can not be the case, is the name given to the implementation of the enforcement of the effectiveness of the notary public debt instruments, as the implementation of the binding is the name of its own The non-actionable, as the entry into force of a court decision can not be sued, the implementation of the application deadline in such cases should be notarized in order to determine the time limit for debt instruments as a starting point. In the name of the implementation of the implementation of the certificate, notarized debt instruments do not have the power to determine the established (that is, execution), in which case, the notary public debt instrument itself should be actionable's. Academics have different views and perspectives, as I believe that enforcement should be based on a certificate of public debt instruments and implementation of the certificate, one can not do both, and the corresponding analysis.As the debt instruments of enforcement by the executing agency for the implementation of the court, which raises the question, whether the court should issue a notary public sector debt instruments of enforcement and implementation of the substantive review of the certificate is to review the implementation of the certificate or the Executive Direct the implementation. On the current judicial practice, due to the lack of law and the judicial interpretation of the relevant provisions of the court throughout the implementation of this chaotic situation can be said to be varied, there is no uniform standard. I think that through practice, take the form of a procedural review of the substance with the review of the combination of more reasonable. In the form of a procedural review of the principal means to examine the parties under the debt instruments notarized application to the court for the implementation of the procedures in line with the relevant provisions of the law. The main substantive review of the means to review the claims notary instruments issued and whether the provisions of the law.Debt instruments to give effect to enforce the judicial system of this procedure is simple, fast and efficient, to give full play to the functions of notarization, civil norms of economic activity, the maintenance of normal law and order and protecting the legitimate rights and interests of the parties have an irreplaceable role. However, debt instruments notary in the current practice of enforcement of the status quo is worrisome, a large number of debt instruments are not notarized implementation of the seriously affected the healthy development of the judicial system, such as not enough attention and resolve in a timely manner, the system Will exist in name only. In this article, I will have a situation of internal and external reasons were due to the analysis. Finally, in the end I made some idea of their own.