1. Does the notarization contract require the presence of both parties? The trustee can be absent from the scene, but the entrustment itself is a unilateral legal act. To notarize the power of attorney, the client shall go to the notary office to notarize the power of attorney with his ID card, household registration book and other identification materials, and sign the power of attorney according to his fingerprint. The contents of the notarial certificate issued by the notary office are mainly that someone came to my office on a certain day of a certain year and signed the power of attorney in front of me, indicating the information of both parties.
Legal basis:
If the power of attorney entrusted by the General Principles of the Civil Law of People's Republic of China (PRC) is in written form, the power of attorney shall specify the name of the agent, agency matters, authority and time limit, and shall be signed or sealed by the client.
Second, what does contract notarization mean? There is no need to go to the notary office for notarization, and the contract is valid.
The conditions required for the establishment of the contract mainly include:
(1) There are two or more parties to a contract. The so-called contracting subject refers to the person who actually enters into a contract. They can be both future parties to the contract and agents of the parties to the contract. The contractor is different from the contractor. The contracting party is the party to the contractual relationship. They are the people who actually enjoy contractual rights and undertake contractual obligations.
(2) Both parties must conclude a contract according to law. The so-called "signing a contract according to law" means that the conclusion of a contract must meet the requirements of laws and administrative regulations. Since the contract stipulates the relationship between the rights and obligations of the parties, and enjoys and undertakes the rights and obligations according to law, the conclusion of the contract must comply with the provisions of laws and administrative regulations.
If the contract concluded by the parties violates the requirements of laws and administrative regulations, the law will not recognize and protect it. In this way, the purpose of the agreement reached by the parties can not be achieved, and the conclusion of the contract is meaningless.
(3) The parties must reach an agreement on the main terms of the contract. That is, the contract must be agreed by both parties through consultation. The so-called consensus refers to the same and non-divergent views reached after negotiation and bargaining.
(4) The establishment of a contract shall have an offer and acceptance stage. Acceptance of offer is the basic rule of contract establishment, and it is also the two stages that a contract must go through. If the contract is not promised, but only stays in the offer stage, the contract is not established.
Three. What is the validity of a notarized contract? (1) Contract notarization is not a necessary form for concluding a contract. Whether the contract is notarized depends on the application of both parties to the contract.
(2) Article 502 of the Civil Code: A contract established according to law shall take effect upon its establishment, unless otherwise provided by law or agreed by the parties.
(3) The role of contract notarization in a contract is to confirm the legal effect of a legal contract through examination and exclude the wrong effect of an illegal contract.
(4) The most essential function of notarization is social credibility, and the notarization institution itself has obvious administrative and publicity.
(5) For both parties, notarization has a high evidential effect, which greatly increases the degree of guarantee of the validity of a valid contract.
(6) Contract notarization can standardize, guide and supervise the parties to sign contracts according to law, effectively prevent illegal acts such as fraudulent contract making, urge both parties to actively perform contracts, reduce and avoid contract disputes, and protect the legitimate rights and interests of both parties.