1970-01-01 08:33:29
Effect of notarization refers to the scope of application of notarial certification and its legal binding force on person. Effect of notarization is also called "effectiveness of notarial documents". The notarization of our country has three kinds of effectiveness:
(1)Effect of evidence. effect of evidence refers notarial document is a kind of reliable evidence with particular weight of proof,it may be directly adopted by the acceptors without verification. In accordance with the stipulation of Civil Procedure Law,"the people's court shall confirm the effectiveness of notarized juristic acts, legal facts and documents."This is because notary department is judicial organ of our country, it makes the truthfulness and legality of notarized juristic acts, legal facts and documents get confirmed by investigation and verification work in advance, it has weight of proof without controversy and may be directly used by the people's court as foundation to confirm the facts of case.
(2)Effectiveness of forcible execution. Effectiveness of forcible execution refers when debtor does not perform creditor's right documents which notarized debts or articles reimbursement,creditor may bear notarial documents to directly apply to the people's court with power of jurisdiction for forcible execution,while not through litigation procedure. The effectiveness of forcible execution of notarization is a special function endowed to notary institutions by law,it is the embodiment of legal forcibility in notary activity.
(3)Effectiveness of legal essential elements. effectiveness of legal essential elements is also called "legal effectiveness".Effectiveness of legal essential elements of notarization refers to the binding force on parties when notarial certification becomes essential conditions of the execution of some juristic acts under a particular condition. That is to say, with notarization conducted, the act shall have no legal effect. In a certain sense, notarization endowed the act with legal binding force. General Principles of the Civil Law stipulates:"A civil juristic act may be in written , oral or other form. If the law stipulates that a particular form be adopted , such stipulation shall be observed",
Civil acts "in violation of law or social public interests" shall be null and void. Notarization is one of the particular forms of civil juristic act,therefore, when law stipulates notarization form be adopted,only after formalities of notarization are conducted, shall the parties get acknowledged and protected by law.