On Compulsory Execution System Of Notarial Creditor's Rights Documents

The notarization of the creditor's rights that can give the effect of enforcement can be referred to as the compulsory execution notarization.If the debtor does not fulfill the notary document determine debt or does not perform properly,can enforce notarization to creditors and execute a certificate to the jurisdiction of the people's court for compulsory execution,in order to realize the creditor's rights.The principle of autonomy of the will,the arbitrariness of the right of action and the balance of the legal value of justice and efficiency are the three sources of effectiveness of the enforcement of Notarial Creditor's rights documents,which constitute the theoretical basis of the system.According to the discussion of Notarial Creditor's rights documents,we can't escape the conflict and balance between efficiency and notarization value.In the course of the enforcement of Notarial Creditor's rights documents,the parties or other interested parties may object to the legal relationship involved in the instrument,which is an unavoidable problem in the implementation of notarial documents.It can not be denied that some of these objections have the general nature of civil disputes,which may not be explicitly excluded from judicial remedies.There may even be a situation where only a remedy can be achieved through judicial means.Under the rule of law in our country,it has not been fundamentally shaken.Among them,the notarized debt instruments,"there is a mistake" and was ruled not to implement,may be the most controversial issue.The specific circumstances need to be carefully defined.In order to balance the interests of all parties,it is necessary to define the scope of the enforcement of Notarial Creditor's rights documents.At present,there are two elements of the legal rules involving the abstract of the creditor's rights documents:the relationship between the creditor and the debtor is clear and non controversial,which is in line with the objective needs of social and economic exchanges.In practice,there are many disputes on whether the contract of guarantee and the double contract can be enforced.For the outstanding debt,the extension of the agreement,such as whether to issue a certificate of execution is also questionable.The position of Notarial Creditor's rights instrument depends on the enforcement of the people's court.The first issue of the enforcement of Notarial Creditor's rights.Due to the nature of Notarial Creditor's rights documents,which are similar to that of the people's court,the court does not need to carry out substantive examination and strict examination of Notarial Creditor's rights documents.However,as the most interested in the implementation of the debtor,there is an urgent impulse to find flaws in the program on the entity,in order to achieve the purpose of the implementation of notarized debt instruments.The establishment of the system of executive relief provides a proper procedure and way for these people,and the people's court can also make clear the degree of the defects and flaws of the Notarial Creditor's rights documents.The implementation of the relief system from scratch,means that the notary industry in the process of notarization of creditor's rights documents necessary to be more stringent,in order to cope with the possible face of "critical".The objection of execution and the system of reconsideration of execution are the core of execution remedy.