Does the agreement notarized by the notary office have legal effect?
1. Does the agreement notarized by the notary office have legal effect?
Go to the notary office to notarize the agreement It is legally binding. If a dispute arises due to the agreement, the notarized agreement is the best evidence.
According to the "Civil Procedure Law of the People's Republic of China"
Article 69: Legal facts and documents notarized and certified through legal procedures shall be regarded as facts by the People's Court. basis, unless there is contrary evidence sufficient to overturn the notarial certification.
2. What are the effects of notarization
The legal effect of notarization refers to the legal effectiveness and legal effect of notarization. Regarding the legal effect of notarization, my country's "Civil Procedure Law" and "Interim Regulations on Notarization" have made clear provisions. To sum up, the main aspects are as follows:
1. Legal evidence effect
Article 67 of my country's "Civil Procedure Law" clearly stipulates: "Legal acts, legal facts and documents that have been notarized and certified through legal procedures shall be used by the People's Court as the basis for determining facts."
2. Enforcement effect
Refers to the creditor's rights document that gives the notary agency the effect of enforcement. If the debtor fails to perform, the creditor can apply directly to the people's court with jurisdiction with a notarial certificate. execution without proceeding through litigation. This effect of notarization is clearly stipulated in Article 218 of my country's Civil Procedure Law.
3. Requirements for the establishment of legal acts
When relevant laws, administrative regulations, and rules stipulate that certain legal acts must be established, changed, or terminated in the form of notarization, notarization becomes the corresponding legal act. Necessary requirements for the establishment, modification and termination of an act. In addition, if in accordance with international practice or an agreement between the parties, notarization is required for the establishment, modification or termination of certain legal acts, then notarization will also become a requirement for its establishment.