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Run the program study of notary enforceable

Author: NiuWeiSongFang
Tutor: MaHongJun
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Notary mandatory enforceable Notary enforceable to run the program Mandatory implementation of notary Notarized certificate of obligation Implementation of the certificate
CLC: D926.6
Type: Master's thesis
Year: 2009
Downloads: 166
Quote: 4
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Abstract


The notary enforce the effectiveness of running the program refers to the the notary enforceable from the formation of entry into force of the whole process to achieve, including the enforcement of fair procedures, the issue of the implementation of the certificate program as well as the implementation procedures of the court. In this paper, the theory and practice, the notary enforceable to run the program, the main use of the comparison theory to explain the theory, the legislation of other research methods. Article to enforce our notary effect discussed might provide some clues from the formation to achieve, highlighting the relevant legal provisions, the specific operation in the notarial practice and theoretical issues involved in each process. Divided into six parts, the first notary enforceable basic theoretical issues, and enforce the effectiveness of the concepts and features, the notarial form of expression to prove that the object and effect of the sources are introduced and analyzed. And then discuss an important issue in the notary to enforce the program, the scope of the notarized certificate of obligation, I from the expansion theory and the theoretical limit reduction on the controversial start, the three criteria to determine the scope of notary debt instruments, and reality is apt to cause several claims of the controversial contract analysis, pointed out the trend of the ever-expanding range of notary debt instruments. The notary enforce the effect of running the program in order to enforce the notarized application, acceptance, review, issuance of certificates, the issue of enforcement procedures for the implementation of the certificate and the courts. Author in the study of these specific procedures, combined with China's existing laws and regulations, and notary practice practice, the specific operation of these procedures and norms, and pointed out that there are questions and issues, and then carry out a theoretical analysis of enforceable debt instrument notarized and guidance issued by the implementation of the certificate \analysis; research the issue of implementation of the certificate program, I notarized the concept of the right to reveal a notarized right the particularity of its three sources, to clarify the controversial theory on the implementation of the certificate the nature of the nature and implementation of the certificate re-defined; the courts to enforce that program, I will focus on the procedures of the Court to review enforcement of notary related instruments, set this program legal basis for the Court to review the different instruments, and in passing on the court made a brief introduction to the entire execution process; in the last chapter, the author proposes that the proposed changes of legislation, and then passed to enforce the comparison of the effectiveness of running the program inside and outside the notary, and enforce the effectiveness of running the program development of notary the idea of ??the trend, think we should cancel the execution of the certificate program.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Notary system
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