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What is the effect of forcible execution of notarized documents?

Updated : 2015-06-03

The effect of forcible execution refers to a case where a debtor does not follow the creditor's notarized document for execution in accordance with the law, so that the creditor can appeal to the people's court with power of jurisdiction for forcible execution without further litigation. Item 10 of the Interim Regulations on Notarization states: "In the case of a document of debt or article on reimbursement, if the document is proved to have forcible execution effect, Article 218 of the Civil Procedure Law states that ‘For the creditor with a document that has notarial effectiveness of forcible execution, if the debtor does not perform his or her duty, the creditor can appeal to the people's court with power of jurisdiction for forcible execution. Upon receiving the appeal, the people's court must execute it.

If there are mistakes in the creditor’s notarized document, the people's court will not execute it, and send the order to both parties and a notary’." The forcible execution effect of notarization is propitious for solving the problem of a debtor not fulfilling an obligation, and protects the rights and interests of the creditor, while upholding the seriousness of the law, promoting normal economic behavior, and avoids waste of time and exhaustion of human and property resources through litigation and arbitration. This is a beneficial way to regulate the conduct of the economy. The forcible execution effect of notarization is a function endowed in notaries by law, and the embodiment of legal forcibility in notarial activities. It is significant in its notarial functions by regulating civil and economic activities in a timely way and maintaining economic order and the rights and interests of the parties involved.

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