Notarial Creditor’s Rights Documents Enforcement And Related Problems

Notarization, as a kind of Alternative Dispute Resolutions, develops rapidly in recent years. It is getting more and more attentions and favor of the subject of market economy. It becomes an important part of modern judicature. According to the relevant provisions of Chinese Notary Law, Notarization has certificate strength, and it can be applied to the court for compulsory enforcement. Enforcement of notarial creditor’s rights document system given in this paper refers to the parties make promise that they accept the compulsory enforcement in the notarization which is effective and enforceable. When the debt is due for pay and the debtor is unpayable,the creditor can apply the people’s court for mandatory enforcement. This system has been adopted by more and more parties in recent years. In particular, it becomes the first choice of financial institutions such as banks, asset company and other financial institutions to achieve their claims. The purpose of this system is to urge debtors to fulfill their obligations and to protect the legitimate rights as well as interests of creditors.However, there are few legal provisions about this system and the relevant legislation is not mature which lead to the system has a lot of problems and arguments in the judicial practice and the advantage of the system is difficult to take. Therefore,this paper is divided into three parts: The first part is the characteristics, the value and the development at home and abroad of enforcement of notarial creditor’s rights document system, starting with the concepts and the principles of enforcement of this system; The second part is to make empirical analysis of the system’s problems and disputes in the judicial practice, combining with the judicial cases; Finally, the author puts forward the related proposals to improve the enforcement of notarial creditor’s rights document system, in order to make the system play its role in the judicial practice completely.