On The Principle Of Contract Notarized Statutory Notarization And The Principle Of Uniform Notary

It has great significance in establishing and perfecting the notarization of the contract with the two basic principles of the notary legal principles and the principle of unity notary, for the community to reduce costs and enhance awareness, improve the structure of the rule of law and promot the development, in civil and commercial scale acts of the growing complexity of the process of the social. Not cleared to be as the principle of legal principles of the legal notarization and the principle of unity in the "Contract Law", "Notary Law" and "Real Right Law", but it will be the majority of the legal staff of direction, especially the notaries, to give full play of the unique advantages in notary, including the notary of instruments given the effectiveness of the enforcement of creditor's rights etc, when fitting of "Real Right Law" and other support system, with the condition that it is hurried to be clear of the two principles of matters concerned in the field of real estate contract.1.In this paper, we talk with the start of the basic concept of notary and the history of the development of the system. The nation's notarization system, In the modern sense, was transplanted from the western legal system, for the differences of cultural traditions. In favor of dispute prevention and litigation reduction with the notarization system, and it indicated by the historical experience. Notarization of the contract as an important form of contract, it was, in the world, originated in ancient Rome, affirmed and prevailed in the era of Napoleon's France. In the period of monopoly capitalism, with the rehabilitation of formalism of contract, notarized or not even often was the decision whether or not the effect of the contract. In the ancient China, it did not have a modern sense of the notarization of the contract system. After the founding of New China, it did not receive the deserved attention and did not perform its due functions of the notarization of the contract system. In recent years, it is still of lack of theoretical guidance and support, even of the significant increase in the number. In our country notarization of the contract system has the effect on the outstanding feature, with effect of the procedural law, mainly referred as the effect of evidence and enforcement, and was provisioned by "the civil procedure law" and "contract law". It mainly refered to the entry into force of the main elements of the effectiveness of the the contract in the substantive law, and scattered from the civil and commercial Law and regulations related.2.Notary legal principles have been flourishing for a long time in civil law countries, there have many provisions of the law. Mainly in the field of real estate property, including the establishment and circulation, of financial services and corporate affairs, of family, marriage and family affairs, etc. Practice shows abroad that, It standardized transactions and reduce litigation has unique features of the higher rates of performance of the notarized contract.It remains controversial of its establishment of the legal principle of the notary. The main reason of the deny is that, notary public offices, as market participants, should take legal services as a basis for survice and development, and be unappropriate to pursue the interests of monopoly. Other systems, such as witness, identification and registration of the contract, have been able to meet the party's demand for legal services. However, the affirmation will certainly be able to say that the notary to ensure transaction security, be conducive to the conversion of government functions and good at the economic underdevelopment of the region in the development of the cause of the notary, according with the nature of quasi-judicial, public welfare and having superiority and difference camparing with other systems. The opion of the affirmation will be endorsed by this paper, and it considers the the legal principle should be established in the real estate property area of the of contract should be notarized. One of the reasons is the intrinsic requirements of the process of real estate rights' altering, and the second is the irreplaceablity of notary reviewing. Therefore, the principle of the legal notarization should be introduced to the property law system and supporting regulations, for the realization of the property notarization system to the maximizing fitting.3.At present, the contracts proveing has a lot of types, mainly including the types of notarization, witness, identification and registration etc. As the need of survival and development and the driving by economic interests, the sectors' packaging for business, as notary public, attorney, industrial and commercial and real estate managing, it results the chaos of contract management and undermines the interests of contract parties in the end. In this papre, we consider that it has a clear difference and superiority for the public nature of the instrument and the nature of enforcement power, the maximum force of the evidence, the effect of the entry into force of contract elements and etc, camparing to the witness, identification and registration etc. Especially the nature of enforcement power, obviously differentiating from other forms of contracts, is the best style for the notary public to establish unifying contract of notarization. It is deserved for us to make clear and research of the basic concept and the legal problems of its process. These legal problems include the application of the conditions, the range of debt instruments, effect of enforcement, the responsibilities of the guarantors, the issue and service of implementation of the certificate, review of enforcement of court, etc...