Legal Issues And Countermeasures For Notarizing The Enforcement Of The Validity Of The Debt Instrument

The notarization of the creditor's document that gives the force of enforcement is based on the joint application of the creditor and the debtor,and the notary office shall provide the creditor and the debtor with the activity of promulgating the creditor's document containing the promise of performance and the payment as the content,and shall be obliged to enforce the effect The instrument is validated by legal instruments similar to the court judicial arbitration instruments and arbitration instruments of arbitration institutions.It can be used directly by courts with jurisdiction.Its notarization procedure gives the effect of enforcement of certain creditor's rights instruments,and goes directly to the features of enforcement without going through litigation.It has a great impact on the rights and obligations of both parties.If the debtor fails to perform or improperly performs the payment obligations stipulated in the instrument of debt and creditor's rights,Creditors need not go through the litigation process,after applying to the notary public for the issuance of an enforcement certificate,they may directly apply for enforcement with the people's court that has jurisdiction over the enforcement certificate.As a result,it is very important to sort out the theory and regulate it from the standpoint of the system of notarization of creditor's rights that gives effect of enforcement.This article attempts to start from the definition of the concept,the problem analysis and other aspects,to give the enforceability of the creditor's rights notarial procedures and the existence of the main legal issues to think and analyze and make superficial recommendations,in order to give our country enforceability of the creditor's rights notarization system The perfect development provides a poor reference.The legislation on the system is not perfect enough,the relevant laws and regulations are rare,resulting in a lot of problems and disputes in the judicial practice,the system's advantages are difficult to fully play.Therefore,the thesis is divided into three chapters:The first part elaborates the theoretical foundation of the notarization of creditor's rights instruments that give effect to enforcement.The second part analyzes the notarial practice and existing legal issues of creditor's rights instruments that give effect to enforcement.The third part puts forward the corresponding legal countermeasures to the main problems existing in the notarization of creditor's rights instruments that give effect to enforcement.