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What is notarial document and its effect?

Updated : 2015-06-03

What is notarial document?

This is a certified document with legal effect issued by a notary that plays a role in providing reliable evidence for citizens, legal persons or governments of foreign countries to protect the rights of individual parties. A notarized document bears the seal of the notary and is effective for any citizen or legal person.

What is its effect?

The scope of application of notarial certification, and its legal force, or "effectiveness", can be seen in three ways:

1. The effect of a notarized document is its reliability as evidence with particular weight of proof, directly acceptable without further verification. The Civil Procedure Law states, "People's court must confirm the effectiveness of a notarized fact or document because a notary has a judiciary function, attesting to the truthfulness and legality of notarized facts and documents through investigation and verification, giving them weight without further proof and directly applicable by the people's court. "

2. The effectiveness of execution can cover a debtor whose debts are ascertainable from a creditor's notarized document covering reimbursement, which may directly apply to a people's court with power of forcible execution, without litigation. The execution of notarization is a legal function of the notary, and the embodiment of legal force.

3. Essential legality is also "legal effectiveness", which refers to the force binding on parties when notarial certification is the essential condition of execution of a judicial act, which is to say, without it, the act have have no legal effect. The notarization endows the act with legal force. The Civil Law states: "A judicial act may be in written, oral, or other form and, if the law states that a particular form is to apply that stipulation is to be observed." Acts "in violation of the law or social interest" are null and void and notarization is one particular form of civil judicial act, so, when the law states that a notarized form is to be used, it is only after notarization is conducted that the parties involved are acknowledged and protected by the law.

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