Legal analysis
Notarial certificate must have legal effect. Notarization is an activity in which a notarization institution proves the authenticity and legality of civil legal acts, facts and documents with legal significance according to the application of natural persons, legal persons or other organizations and legal procedures. If the debtor fails to perform or incorrectly performs the notarized creditor's rights document with payment as its content and stating that the debtor is willing to accept the commitment of enforcement, the creditor may apply to the people's court with jurisdiction for enforcement according to law. If the creditor's rights documents specified in the preceding paragraph are indeed wrong, the people's court shall rule that they shall not be executed, and serve the ruling on both parties and the notary public. If the parties or interested parties to the notarization matter think that the notarial certificate is wrong, they may submit a review to the notary office that issued the notarial certificate. If the contents of the notarial certificate are illegal or inconsistent with the facts, the notary office shall revoke the notarial certificate and make an announcement, and the notarial certificate shall be invalid from the beginning; If there are other mistakes in the notarial certificate, the notary office shall correct them.
legal ground
Notary Law of People's Republic of China (PRC)
Article 36 notarized civil legal acts, facts and documents with legal significance shall be used as the basis for ascertaining facts, unless there is evidence to the contrary that can overturn notarization.
Article 28 When handling notarization, a notarization institution shall examine the following matters respectively according to the rules for handling different notarization matters: (1) the identity of the parties, the qualifications for applying for notarization and the corresponding rights; (two) whether the contents of the documents provided are complete, whether the meaning is clear, and whether the signature and seal are complete; (3) Whether the certification materials provided are true, lawful and sufficient; (4) Whether the matters applied for notarization are true and lawful.
Article 31 A notarization institution shall not handle notarization under any of the following circumstances: (1) A person without civil capacity or with limited civil capacity has no guardian to apply for notarization; (two) the parties have no interest in the matters for notarization; (three) the notarization matters belong to professional technical appraisal and evaluation; (four) there is a dispute between the parties about the application for notarization; (five) the parties fabricate or conceal facts, or provide false proof materials; (6) The evidential materials provided by the parties are insufficient or refuse to supplement the evidential materials; (seven) the matters applied for notarization are untrue and illegal; (eight) the application for notarization violates social morality; (nine) the parties refused to pay the notary fee in accordance with the provisions.