Research On The Enforcement Effectiveness Of Notarial Obligatory Right Documents

Notary system originates from ancient Roman.Going through several changes during its development,the notarial obligatory right document is gradually given the enforcement.The obligatory right document given enforcement through notarizing not just represents the achievement of effectiveness.What’s more important,such document requires the court to fulfill certain legal obligations,namely,it can be put into practice by means of the national mandatory force without a trial.At present,China is going through the social transition,and it is confronted with the contradiction between the increasing number of cases and limited judicial resources.Enforceable notarial obligatory right document as a non-complaint system set up to prevent disputes,plays a profound role in economics.As a Spanish proverb goes that"opening a notary office is equal to closing a court." However,owing to the abstractness of the regulations on notarial obligatory right document and the weakness of its operability,in reality different cities have their own regulations relevant to notarial obligatory right document and those different regulations are even at odds.The lack of theoretical research and legislative sluggishness results in ineffective implementation of the enforceable notarial obligatory right documents.Consequently,it is difficult to play its due role,which violates the aim of this system design.In view of the above,this paper makes a comprehensive original intention of the established legal system.In view of this,the study aims to analyze the stipulations concerning to the effectiveness of a notarial obligatory right documents,and then expects to offer suggestions for promoting concrete system with regard to the enforcement of notarial obligatory right documents.In addition to the introduction and conclusion,this paper is divided into four parts,with the total equal to about 30000 words.The thesis mainly extends from four aspects:The first part is about the overview of enforcement effectiveness of notarial obligatory right document.First of all,the thesis makes comments on the notarization and notarial obligatory right document,then draws a definition of the effectiveness of notarial obligatory right document in the process of enforcement as well as an introduction to conditions of notarial obligatory right document given enforceability.Secondly,in order to avoid confusing among notarial obligatory right document with enforceability,general civil enforcement basis,and the court’s effective judgment,these major terms are defined after comparisons.Thirdly,the paper points out that the enforcement effectiveness of notarial obligatory right documents are embodied by coercive power,giving force and normative force.Finally,procedure function of the enforcement effectiveness of notarial obligatory right document is expounded in the following three aspects.The notarial obligatory right document is a link of the right procedure and implementing procedure,also the basis and foundation of implementing right of claims,and basis for civil enforcement authority to take civil enforcement measures.The second part explores historical development and its current situation of notarial obligatory right documents in the major countries around the world and Taiwan region of China.The paper observes distinctive provisions about enforcement effectiveness of notarial obligatory right document in France,Germany,Japan,China’s Taiwan region and carries a comparative analysis of them,all of which are of significant reference to perfect concrete stipulations of enforcement effectiveness of notarial obligatory right document in ChinaThe third part elaborates legislation development and current situation of enforcement effectiveness of notarial obligatory right document in China.The paper presents that notarization system in China experiences the series of stages such as regulations,the implementation of the civil procedure law,the civil procedure law,certificate,notarial law.After the stages,China’s notarization system has been improved gradually.However,practically,notarial obligatory right document with mandatory enforcement effectiveness cannot be effectively executed.Whether notarized guarantee contract and warrant contract can be given enforceability,how to connect notarial obligatory right document of enforceability with the court,how to remedy if flaws exist in notarial documents,and so on,all of the above mentioned problems are illustrated in the paper.The fourth part puts forward the suggestions for guaranteeing and improving the enforceability of the Chinese notarial obligatory right documents during enforcement.These concrete suggestions include the expansion of the scope of notarial obligatory right documents,reinforcing the connection between enforcement of notarial obligatory right document and the court trial.Furthermore,this part puts forth that the court can directly repeal the incorrect notarial obligatory right documents.Meanwhile,the improvement of no-enforcement arbitration is beneficial to supervise notarial obligatory right documents.