1970-01-01 08:33:29
The difference between notarization and folk witness lies in :
(1)Different natures. Notarization a kind of judicial certificate activity of a state and a kind of important legal means through which legal service, legal supervision and legal safeguarding are provided for the society.
(2)Different subjects. Notarization is a kind of certificate activity made by the judicial certificate organs of a state -- notary institutions,folk witness is a kind of certificate made by citizens or non-prescribed institutions.
(3)Different effectiveness. Notarization has prescribed certificate effectiveness, forcible execution effectiveness and legal essential elements effectiveness,and also has legal effect outside the state where it is made; while witness and other folk witnesses have no legal effects.
(4)Different scopes and contents of certificate. Notarization may prove different kinds of juristic acts, facts and documents with legal meaning,and it is not restricted by trades, category of parties, nature of act and contents. The contents of notarial certification is not only the truthfulness, but also the legality of the object of proof;Private certificate differs in the much fewer matters that it can prove and it can prove the truthfulness of the fact that the certifier has seen.
(5)Notary institution shall conduct the certificate activities according to the procedure, condition and mode prescribed by law .
(6)Notarization has the nature of authority, fairness, general purpose, comprehensiveness and standardization, whiles the private certificate does not have.
(7)Notarization may substitute private certificate, while the private certificate may substitute notarization. If law stipulates notarization shall be conducted , notarization has to be conducted, and the private certificate including witness by the lawyer may not substitute notarization.