I. What is notarization?
Notarization is a national authentication activity in which the national notary office proves the authenticity and legality of legal acts, documents and facts according to the application of the parties, so as to protect public property, citizenship, property rights and legitimate interests.
(1) Notarization has the following legal characteristics.
1. Notarization is a specialized authentication activity carried out by a national specialized judicial authentication institution in accordance with legal procedures. Notarization is authoritative, reliable, extensive and universal, and is not limited by industry, nationality, occupation, administrative level and region, so it is different from the certification of other organs.
2. Notarial certificate has specific legal effect and universal legal binding force. Notarial certificate has legal evidential effect and execution effect. Notarization is still a formal requirement for some legal acts to take effect. According to relevant laws and regulations, legal acts that must be notarized have legal effect only after notarization. Notarial certificate has extraterritorial legal effect. The notarial certificate has legal effect abroad after it has been certified by foreign affairs organs and foreign embassies and consulates in China.
3. The objects of notarization are uncontroversial legal acts, events and documents with legal significance.
4. Notarization is a non-litigation activity and a preventive legal system. Notary institutions prevent disputes through their certification activities and provide reliable evidence for resolving disputes.
Second, what is a notarial certificate?
Notarial certificate is a judicial document with special legal effect issued by the notary office for the parties. Its function is to provide reliable evidence for China citizens, legal persons and relevant foreign departments to safeguard the legitimate rights and interests of the parties concerned. All parts of the notarial certificate shall be bound together and stamped with the seal of the notary office. Only when it is valid can it be issued to citizens or legal persons for use.
3. What are the functions of notarization?
The validity of notarization refers to the scope of application of notarization and its legal binding force on people. The validity of notarization is also called "the validity of notarial certificate". Notarization has three functions in China:
(1) The validity of the evidence. The validity of evidence means that the notarial certificate is a kind of reliable evidence with special probative force, which can be directly used by the recipient without verification. According to the provisions of the Civil Procedure Law, "the people's court shall confirm the validity of notarized legal acts, legal facts and documents." This is because the notary office, as a national judicial institution, confirms the authenticity and legality of notarized legal acts, legal facts and documents through prior investigation and verification, so it has indisputable probative force and can be directly used as the basis for the people's court to determine the facts.
(2) the implementation effect. The effect of enforcement refers to the recovery of debts or articles by notarized creditor's rights documents. When the debtor fails to perform, the creditor may directly apply to the people's court with jurisdiction for enforcement without going through litigation procedures. The enforcement effect of notarization is a special function entrusted by law to notarization institutions, and it is the embodiment of legal compulsion in notarization activities.
(3) The effectiveness of legal requirements. The validity of legal elements is also called "legal effect". The validity of notarial legal elements refers to the binding force on the parties when notarial proof becomes a necessary condition for the establishment of a legal act under certain conditions. In other words, without an office card, the act cannot have legal effect. In a sense, it is notarization that gives this kind of behavior legal binding force. The General Principles of the Civil Law stipulates: "A civil juristic act may be in written form, oral form or other forms. Where the specific form is prescribed by law, it shall be in accordance with the law ",
A civil act that "violates the law or social interests" is invalid. Notarization is one of the concrete forms of civil legal acts. Therefore, when the law requires notarization, the parties must perform notarization procedures in order to get legal recognition and protection.
Fourthly, the structure, contents and methods of notarization.
A notarial certificate consists of a head, a body and a tail.
(1) header. Indicate the title and number, that is, "XX notarial certificate" and "(XX notarial certificate XX notarial certificate XX notarial certificate XX notarial certificate XX notarial certificate XX notarial certificate?
(2) the text. Testimony, also known as testimony, refers to the statement of legal acts or legal facts made by the notary office according to the matters that the parties apply for proof. ?
(3) tail. Indicate the full name of the organ that formulated the document, which shall be signed and sealed by the notary, indicate the date of issuance of the document, and affix the official seal.
Five, several commonly used notarial documents
(1) notarized contract certificate
The notarial deed of contract refers to the certificate that the notary organ legally proves that the legal person, unincorporated organization, individual industrial and commercial households, rural villagers and rural contracted business households have reached an agreement in order to achieve certain business purposes, and have clearly defined the mutual rights and obligations. ?
(2) Inheritance notarial certificate
Inheritance notarial certificate refers to the legal document that the notary office legally proves the inheritance legal relationship generated by the parties according to the inheritance law of our country. ?
(3) Notarial certificate of kinship
The notarial certificate of kinship refers to the proof that the applicant requests the notary office to confirm that there is a certain kinship between him and the related party. Its purpose is to confirm the legal relationship between them and the legitimacy of the facts that have legal significance.
(4) testamentary notarial certificate
A will is an act that a citizen handles all his property and other affairs before his death and takes legal effect after his death. Notarization of wills is an act that notaries prove that their will-making behavior is true and legal according to the testator's application. A notarized will generally cannot be changed or revoked. If several wills coexist, the last notarized will shall prevail. Problems needing attention in notarization of wills;
1. The will is a unilateral legal act of the testator, so it must be handled by the testator in person at the notary office. A person without capacity cannot make a will; The testamentary act of a person with limited capacity must be approved by the legal representative and be compatible with his capacity.
2. The testator shall go to the notary office where the testamentary act occurred or where the testator lived for notarization. The property disposed by the testator must be owned by the testator, and its property scope includes movable property, real estate and other valuable securities. The testator may require the presence of witnesses.
3. The documents that a notary applying for making a will should submit include: (1) the identity certificate of the testator, such as ID card and household registration book; (2) Proof of the testator's disposition of property ownership; (3) draft will, etc.
4. The notary organ shall keep the contents of the testator's will confidential.
(5) Notarial certificate of marital status
The notarization of marital status refers to the activities of notary organs to prove the authenticity and legality of the legal facts of citizens' existing marital status. This notarization is mainly used for China citizens to go through legal procedures such as marriage, settlement, inheritance and study abroad. The types of notarization of marital status include marriage notarization, unmarried notarization, divorce notarization and widowed notarization. Problems that should be paid attention to in handling the notarization of marital status are:
1. The applicant for notarization of foreign-related marital status shall apply to the notary office where the party concerned has his domicile to handle foreign-related notarization business.
2. The applicant should also provide the following documents: (1) my identity document; (2) Marriage certificate, divorce certificate and death certificate of one spouse; (3) Other documents proving marital status.
3. If the marriage is not registered, but married according to local customs, its notarization belongs to the scope of marriage notarization, but its notarization format is different from marriage notarization.
4. If it is used for foreign affairs, it shall be sent to the Ministry of Foreign Affairs or the foreign affairs offices of provinces, autonomous regions and municipalities directly under the Central Government and the relevant countries in embassies and consulates in China for certification. However, unless it is otherwise stipulated by the country where the document is used or the consular certification is exempted by mutual agreement.
(6) Premarital property notarial certificate
Premarital property agreement refers to the agreement that both men and women do not act on all the property before marriage and have property after marriage. The agreement on pre-marital property ownership can be handled before and after marriage, and is not limited by registration or not. Pre-marital property notarization refers to the notarization of the above-mentioned pre-marital property agreement to enhance the credibility of the agreement. In daily life, people habitually call it "premarital property notarization".
In addition, there are birth certificates, adoption certificates, professional post certificates and nationality certificates.
Model notarial certificate of intransitive verbs
(1)xx contract notarial certificate
(XXX)No. XXX
This is to certify the legal representative (or agent of legal representative) of XXX and the legal representative (or agent of legal representative) of XXX.
Upon investigation, the signing behavior of the above two parties conforms to Article 55 of General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC); The signatures and seals of both parties on the contract are true; The contents of the contract comply with the laws of People's Republic of China (PRC).
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(2) notarial certificate of inheritance right
(XXX)No. XXX
Decedent: ××× (specify name, gender and address before death)
Heir: ××× (specify name, gender, date of birth, address and relationship with the decedent)
Heir: ××× (same as above, if there are several heirs, please specify several heirs).
It was found through trial that the decedent ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× According to the provisions of Article 5 and Article 10 of the Inheritance Law of People's Republic of China (PRC), the decedent's estate is inherited by his ×××××××× (list of heirs) * *. (In case of subrogation inheritance, it shall be stated that the heir died before the decedent; If you give up inheritance, you should specify who gave up inheritance and how to deal with part of the inheritance)
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(3) Birth certificate
(XXX)No. XXX
This is to certify that ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(4) notarial certificate of adoption
(XXX)No. XXX
XX was adopted on XX, XX, XX. The adoptive father is XXX and the adoptive mother is XXX.
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(5) notarial certificate of professional position
(XXX)No. XXX
This is to certify that XX (male or female, born on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(6) notarial certificate of nationality
(XXX)No. XXX
According to the resident ID card with the number of ××× (or as recorded by the household registration authority in ×××).
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(7) testamentary notarial certificate
(XXX)No. XXX
This is to certify that ××× (name, sex, date of birth and current address should be stated) signed (or sealed) the will in the presence of ××× (place or notary office) and ×× (other notaries or witnesses).
Upon investigation, the testator's behavior and the contents of the will are in line with the provisions of Article 16 of the Law of People's Republic of China (PRC) on State Succession, and are legal and valid.
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(8) Notarial certificate of marital status
1. Marriage certificate
(XXX)No. XXX
This is to certify that XX (male, born on XX, XX) and XX (female, born on XX, XX).
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
2. Unmarried notarial certificate
(XXX)No. XXX
This is to certify that ××× (male or female, born on ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
3. Divorce certificate
(XXX)No. XXX
This is to certify that XX (male, born on XX, XX) and XX (female, born on XX, XX).
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
4. Notarial certificate of husband-wife relationship
(XXX)No. XXX
According to XXX (survey materials, local certificates, etc. ), this is to certify that ××× (male, born on ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(nine) notarized proof of family economic status.
(XXX)No. XXX
According to the certificate of XXX company, this is to certify the annual income of XXX (male or female, born on year, month and day).
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day
(10) notarized certificate of kinship.
(XXX)No. XXX
This is to certify that the spouse of ××× (gender, date of birth) is ××× (date of birth), and only ××× (date of birth) is born after marriage: the eldest son ××× (date of birth), the second son ××× (date of birth), and the daughter ××× (date of birth), with (without) adopted children; His father is ××× (date of birth) and his mother is ××× (date of birth) (the deceased must indicate the time and place of death).
* * * and * * provinces and cities (counties) notary offices in People's Republic of China (PRC).
Notary Public (signature)
* * * * Year * * Month * * Day