What is the legal effect of notarized documents
1. Evidence effect
Evidence effect is the most basic effect of notarized documents, which means that notarized documents are a kind of reliable evidence, which can prove the authenticity and legality of notarized objects and can be directly used as the basis for ascertaining facts. Article 36 of China's Notarization Law stipulates that 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 enough to overturn the notarization. Article 69 of the Civil Procedure Law: 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 notarized certificate.
Therefore, the notary office is the judicial certification organ of the country. In the process of notarization, the notary office should conduct a serious and comprehensive investigation and verification of the notarized object, and only give notarization if the notary office confirms that the legal acts, facts and documents with legal significance are true and legal. Therefore, the notarization certificate is the proof that the national judicial organ has examined and confirmed its authenticity and legality, so it has indisputable legal probative force and can be directly used as the basis for ascertaining the facts. This is not available in other documentary evidence.
the validity of evidence is the most basic validity of notarial deed, and any notarial deed has the validity of evidence. The evidential effect of notarization is extensive, not only in litigation activities, but also in daily civil and economic exchanges and administrative activities. A notarial certificate is a reliable legal document to prove the authenticity and legitimacy of legal acts, legally significant facts and documents. Internationally, notarial certificate has been widely recognized, and it also has the force of legal proof abroad. It is an indispensable legal document for international civil and economic exchanges. This is an extension of the validity of notarized evidence in space.
2. Effectiveness of enforcement
The effectiveness of enforcement refers to the creditor's rights documents endowed with the effectiveness of enforcement by the notary public according to law. When the debtor fails to perform, the creditor can directly apply to the people's court with relevant jurisdiction for enforcement without going through litigation procedures. Article 37 of the Notarization Law: If the debtor fails to perform or improperly performs the notarized creditor's rights document with payment as its content and stating that the debtor is willing to accept the commitment of compulsory execution, the creditor may apply to the people's court with jurisdiction for execution according to law. Article 238 of the Civil Procedure Law: If one party fails to perform the creditor's rights documents that have been given compulsory enforcement effect by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court that has applied for enforcement shall do so.
The enforcement effect of notarization is not only conducive to quickly solving the problem of debtors' failure to perform their obligations, protecting the legitimate rights and interests of creditors in time, maintaining the seriousness of the law and promoting the normal circulation of the economy; But also can avoid the waste of time and the loss of manpower and material resources caused by litigation and arbitration. This is a powerful measure to standardize and adjust social and economic behavior in time.
the enforcement effect of notarization is a special function entrusted by law to the notary office, and it is the embodiment of legal compulsion in notarization activities, which is of great significance to give full play to the notarization function, standardize and timely adjust civil and economic activities, and safeguard the normal economic order and the legitimate rights and interests of the parties. Different from the evidential effect of notarization, it is a special kind of notarization that notarized documents are given compulsory enforcement effect by notary organs, which is limited to the scope stipulated in the Notary Law and Procedure Rules, while general notarized documents are not enforceable.
3. Validity of constitutive requirements of legal acts
The validity of notarized constitutive requirements of legal acts means that a specific legal act can only be established and produce legal effect according to the provisions of laws, regulations, rules or international practices or the agreement of the parties; If the notarization procedure is not performed, the legal act cannot be established and has no legal effect.