Research On Relief Of Debtors In Enforcement Of Notarized Creditor’s Rights

In the Provisions of the Supreme People’s Court on Several Issues Concerning the Execution of Notarized Creditor’s Rights Documents,the reasons for the debtor’s application for non-enforcement in notarized creditor’s rights documents are divided into procedural errors and substantive errors.This provision clarifies the confusion between substantive and procedure in Article 478 of the original Civil Procedure Law Interpretation regarding there is a real error.Therefore,for the notarial debtor,in terms of procedural issues,he can apply for disapproval according to Article 12 of this provision.Execution of notarized creditor’s rights documents,for substantive errors,an objection can be filed in the court according to Article 22.However,in practice,there are still many ambiguities in the application of this provision.When judging a substantive error or a procedural error,the court has unclear application.At the same time,the objection action in Article 22 also needs to be further discussed in terms of the nature of the action,the reasons for filing and the procedural effect.This article starts from Articles 12 and 22 of the Provisions for the Implementation of Notarized Documents.Regarding the procedural issues in Article 12,we mainly start with the case,sort out the cases by type,ask questions and solve them,while for the substantive relief involved in Article 22,we mainly proceed from the system and theory of the appeal of objection.The analysis is finally collected on the debtor’s relief in the empowerment notarization,and perfect suggestions are put forward to make the debtor’s rights relief in the empowerment notarization more perfect in theory.Apart from the introduction and conclusion,this thesis is divided into four chapters.The first chapter raises questions about the debtor’s right remedy.Starting from Articles 12 and 22 of the Provisions for the Implementation of Notarized Documents,the relevant cases are sorted out and analyzed,and the current problems in Articles 12 and 22 are summarized,including confusion in the understanding of the provisions and the basis for application,and the provisions on objection litigation are not perfect.The second chapter analyzes the relevant theoretical analysis of the notarization system,including two sections.The first section is an analysis of the particularity of debtor relief in the instrument of strengthening notarized creditor’s rights,and the second section discusses the reasons for the existence of the debtor’s relief problem,mainly including the vagueness in legislation.This has led to inconsistent judicial practices in various places,judicial decisions not keeping up with the evolution of legislative concepts,and legislative deficiencies in the notarization and enforcement systems.The third chapter makes a comparative study on the relief methods that the debtor can exercise in the related extraterritorial system.Starting from France,the birthplace of modern notarization,typical representatives of the civil law system,Germany,Japan and Chinese Taiwan,the relevant procedures and procedures in the notary law system,enforcement law and civil procedure law system of these countries and regions are analyzed respectively.The entity’s relief methods,through the comparative study outside the territory,concluded that it is difficult to improve the rights relief of my country’s empowered notarial debtors from the notarization system,but should choose to think from the execution relief system.The fourth chapter is based on the implementation of the relief system for the problems existing in Articles 12 and 22 of the Notarized Documents Implementation Regulations,and puts forward specific suggestions for improvement,including a broad understanding of the "statutory" notary procedure,judging whether there is a "discrepancy" based on the specific object of the objection,distinguishing between procedural and substantive objections,and the grounds for filing a lawsuit for supplementary objections.