Study On The Implementation Of Notarial Debt Instruments

The notarized debt instruments perform system means that a notary public gives qualified debt instruments the effectiveness of enforcement according to the law, and if the debtor fails to perform when due, the creditor can apply to the competent court to seek direct enforcement, rather than through litigation. This system arises as a combination of the national force and notary system and is established to be suitable for rapid economic development, reduce the burden of litigation parties, and save judicial resources. The stable and effective operation of notarized debt instruments perform system have important effects in playing its role and achieving the purpose and value of this system. Therefore, there should be continue researches in the notarized debt instruments implementation system, and we should improve the system, and make it play a better role in the socio-economic development and the parties' legitimate rights and interests protection.In our judicial practice, notarized debt instruments execution system plays an important role in efficiently protecting the lawful rights of the parties and saving judicial resources. However the system has some problems in actual operation, which restricts the implementation of its value to an extent. In order to make the system play its role better, we should resolve the problems arise, Such as how to deal with the bilateral contract and guarantee contract, whether include them into the implementation range or not? How to deal with the right of appeal of the parties? How to deal with the deadline problem between the executive certificate system and the implementation of enforcement? Only by solving these practical problems, the system shall functions better. In this paper, these issues will be combined with the latest laws and theories and the author will put forward his own sound advices.As to whether bilateral contract and guarantee contract can have an enforcement effectiveness, the law has no specific provisions. However we can not exclude them form the context of the implementation. On the contrary, we will find that bilateral contract and the guarantee contract can be given an enforcement effectiveness by a legal inference of the existing laws. If the bilateral contract is unenforceable, then notarized debt instruments enforcement system will be useless and truly becomes tasteless. Through the relevant provisions of the supreme court we can find making a security contract enforceable is conditionaland security contract must be enforceable at the same time with the main contract, and not give security contract the effectiveness of enforcement only.Current regulations do not allow the parties sue to the court on enforcement effectiveness of debt instruments, which mainly takes into account the nature of notarized debt instruments enforcement system is that the parties waive the right to appeal in order to resolve the dispute as soon as possible and improve efficiency. However, in some cases, in order to protect the legitimate rights and interests of the parties, the parties shall be permitted to have the right to appeal. For example notarized debt instruments are ruled not executed by the people's court or canceled by the notary public, etc.. In these cases, the creditors and the debtor's right to appeal is restored, and they can bring a lawsuit to the people's court.As regards the executive certificate system, the author believes that it should not be repealed. In the beginning of establishment of the debt instruments perform notarial system, there was no executive certificate system established at the same time, and it was until 2000 the executive certificate system was established in order to solve practical problems. Now the reason why there are supports for the abolition of the executive certificate system is that as the law is not perfect, the executive certificate system has problems in actual operation. It does not mean that this system has achieved its value and it has no practical significance, so it should exit the historical stage. Therefore, the executive certificate system should not be abolished through passing legislations to improve the system. As regards the problem of the implementation period,the notary law is not specified, and it should be with reference to the relevant provisions of the Civil Procedure Law.