I. definition and nature of notarial deed
notarial deed refers to the activity that a notary office proves the authenticity and legality of civil legal acts, legally significant facts and documents according to the application of the parties. As a legal document issued by a notary office, notarial deed is authoritative and credible, and it is a legally recognized form of proof.
ii. legal effect of notarial deed
notarial deed has legal effect of proof, execution and opposition to a third party. Specifically:
probative effect: a notarial certificate can prove that the items recorded in it are true and legal, and it has legal probative force. When legal disputes are involved, notarial certificates can be used as effective evidence to provide legal protection for the parties.
enforcement effect: for some notarial certificates with payment content, if one party fails to perform its obligations, the other party may apply to the court for compulsory enforcement according to the notarial certificate. The enforcement effect of the notarial certificate makes the rights and interests of the parties effectively protected.
effectiveness against the third party: the matters certified by the notarial certificate are also legally binding on the third party. This means that if the matters recorded in the notarial certificate involve the rights and interests of a third party, the third party must respect the contents of the notarial certificate and bear corresponding legal responsibilities.
iii. scope of application of notarial deed
notarial deed is widely used in civil, economic and foreign-related fields. For example, notarial certificate plays an important role in inheritance, real estate transaction, proof of marital status, academic certification and so on. In addition, notarial certificate is also an essential legal document in the fields of international trade and overseas investment.
To sum up:
As a legal document issued by a notary office, a notarial certificate has clear legal effect. Its effectiveness of proof, execution and confrontation with the third party makes notarial certificate an effective form of proof recognized by law. In civil, economic, foreign-related and other fields, notarial certificates play an important role, providing a strong guarantee for the rights and interests of the parties.
Legal basis:
Article 36 of the Notary Law of the People's Republic of China
stipulates:
Notarized civil legal acts, facts and documents with legal significance shall be used as the basis for ascertaining the facts, unless there is evidence to the contrary that can overturn the notarization.
Article 69 of the Civil Procedure Law of the People's Republic of China
stipulates:
The people's court shall take the legal facts and documents notarized through legal procedures as the basis for ascertaining the facts, unless there is evidence to the contrary enough to overturn the notarization certificate.
Article 43 of the Notary Law of the People's Republic of China
stipulates:
When a notarial certificate needs to be executed by a people's court, the creditor shall file an application with the people's court according to law, and provide the real name, domicile and property available for execution of the person subjected to execution. If the debtor fails to perform or improperly performs the notarized creditor's rights document with payment content, the notary office may issue an execution certificate according to the creditor's application and relevant regulations. The creditor may apply to the people's court with jurisdiction for execution on the basis of the execution certificate, and the people's court to which the application is made shall execute it within five days from the date of receiving the execution certificate.