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Research On Revocation Of Notarized Documents

Posted on:2021-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:L C LiFull Text:PDF
GTID:2506306290495434Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Notarization is the activity of a notary institution to exercise the power of national certification.Notarization procedure has the nature of non-litigation procedures.In the form of exercising the power of national certification,notary institution clears civil legal acts and legally meaningful facts or documents,prevent possible future disputes,and implement supervision and management of social order.Notarized Documents are the carrier of notarization,which express the occurrence process and final result of notarization activities in written form.Notarized Documents have different effects in different legal fields.In the field of civil law,notarized documents make some civil legal acts legally effective.In the field of civil procedure law,notarized documents are evidence,and the facts that are proved to have a presumed true legal effect,and a notarized document that meets certain conditions can also be used as a basis for execution.Notarized documents have different effects in the field of civil law and civil procedure law,but wrong notarized documents affect the effectiveness of notarization and it is necessary to remedy.Revocation is one of the important ways to remedy false notarization.The notary office is the only entity that revokes the notarized documents.The court attached the validity of the notarized documents through the litigation procedure,but has no right to make the revocation of the notarized documents.The notary association only has the right to recommend the decision of the notary office to revoke or not,not directly.Revoke or not revoke the notarized documents.The reasons for revoking the notarized documents are that the content is illegal,the content is inconsistent with the facts,the violation of the notarial procedure,and the missing procedures and procedures cannot be completed.The effect of revocation is to invalidate the notarized documents that have become effective,but the validity of the notarial matters is not affected and remains to be decided by the court.Revocation is a selfcorrection act within the notary office.The limitations brought by self-review are unavoidable.The imperfect protection of the parties ’rights in the revocation process,the lack of acceptance conditions and the inadequacy of the notary office ’s verification power have prevented the notarial revocation process from playing its corresponding role.The procedures for revoking false notarized documents in China should be improved through the introduction of external relief mechanisms,the establishment of special procedures for notarization of the validity of notarized documents,the improvement of the parties ’rights in revocation procedures,and the guarantee of the notary office ’s verification power.
Keywords/Search Tags:Notarization, power of revocation, notarization validity, Notarial validity determination procedure
PDF Full Text Request
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