Study On Enforcement Of Notary System

Enforcement of notary system is the special system to grant the effect ofenforcing specific instrument of creditor’s claims via notarial procedures and debtorsvolunteer to promise to accept the enforcement of people’s court without thejudgment of judicial authority, so as to make creditors successfully realize thecreditors’ right. Due to the lack and lag of legal provisions, there are disputes relatedto practical issues between theoretical circle and practical circle as well asnotarization industry and court system. This thesis seeks to summary and sort outmajor issues in dispute and put forward corresponding legislation suggestions, hopingto provide reference for the perfect development of enforcing notary system in ourcountry.Besides introduction and conclusion, this thesis consists of three parts. The firstpart defines the concept of enforcing notarization and states the features, functionsand legal basis of enforcing notarization. The second part concludes the disputesrelated to enforcing notary system in such aspects as enforcement scope, source ofverification right and verification method, existence or abolishment of enforcementcertificate, non-actionable enforced notarized instrument of creditors’ right,enforcement period, and verification of courts on enforced instrument. The third partputs forward perfecting and improving legislation suggestions in allusion to existingissues.