Notarization knowledge

1. What common sense should I know about the notarization of real estate gift?

Donation notarization is an activity that the national notary office proves the authenticity and legality of the property owner's behavior of giving personal property to others free of charge according to the application of the parties.

In recent years, the number of notarization of real estate gift has increased greatly, but in practice, there are different opinions on the notarization method of real estate gift and the effective time of real estate gift. The lawyer intends to give some superficial views on these issues.

I. Notarization of real estate gifts In practice, there are usually two notarization methods of real estate gifts. The first is to prove that the gift book unilaterally formulated by the real estate donor is true and legal; The other is to prove that the agreement reached between the donor and the recipient is true and legal. The first way is mostly because: gift is an actual legal act, and the recipient's acceptance and use of real estate is regarded as acceptance of gift, and the real estate gift contract is established, and there is no other expression of intention. Therefore, the notarization of real estate gift only needs to prove that the gift made unilaterally by the real estate donor is true and legal.

Lawyers disagree with this view. First, according to the relevant principles of civil law, gift is a contract, which is a legal act that one party voluntarily gives all his property to the other party for free within the scope permitted by law, and the other party also accepts it.

The party who gives the property is called the donor, and the party who receives the property is called the donee. Gift is a legal act of both parties.

At the same time, it is also a practical legal act, that is to say, in addition to the intention of the donor to give his property to others for free, and the intention of others to agree to accept the gift, the gift can only be established by delivering the physical object. From this, we can easily see that the first step in the gift is the gift relationship, and the second step is the physical delivery. The donor said that he would give all his property to the donee free of charge, and the donee accepted it. This kind of intention expression is the first and prerequisite. Physical delivery is only possible on the basis of mutual consent. Otherwise, there will be no intention of the donor or the recipient, or only the donor's gift without the recipient's acceptance of the gift.

In a word, the legal behavior characteristics of the donor and the donor are the premise and foundation compared with their actual legal behavior characteristics. The factor that determines the notarization method of real estate gift is the legal behavior characteristics of both parties, not the actual legal behavior characteristics. Second, according to the provisions of Article 3 of China's Provisional Regulations on Deed Tax and the experience of trial practice, if the donor has not actually delivered the house to the donee for use and operation, but has a gift agreement and gone through the registration procedures for the transfer of house property rights, it shall be deemed that the house property rights have been transferred and the gift is established. This shows that whether the house is delivered or not does not affect the establishment of the gift behavior. In other words, the actual legal behavior characteristics of the gift are

2. What matters need to be notarized?

Because the function of notarization is to prevent disputes and reduce litigation, and the notarial certificate has the effect of legal evidence, enforcement and elements of legal acts, all legal acts, legal facts and legal documents can apply for notarization as long as citizens, legal persons or other organizations think it necessary.

Of course, according to the current legal provisions and general practices, the following legal affairs must be notarized: 1, birth, education, experience, marital status, nationality, criminal punishment, kinship, etc. Need to study abroad, settle down, visit relatives, work, etc. Notarization is required according to the requirements of the relevant countries or regions; 2, China citizens to other countries or regions to inherit property, accept gifts, claim compensation and other related documents and materials or behavior, must be notarized in accordance with the requirements of the relevant countries or regions; 3. China legal persons or other organizations in other countries or regions to set up branches, trade, registered trademarks, apply for patents, export labor services, bidding, participate in litigation or arbitration activities, claims and other relevant documents, materials or acts, should be notarized in accordance with the requirements of the relevant countries or regions; 4. Legal acts or affairs that must be notarized according to Chinese laws. These legal acts or affairs mainly include: foreign adoption, loan mortgage, bidding, auction, external sales and lease of commercial housing, compensation in urban housing demolition, resettlement agreement, etc. According to the convention formed in practice, some legal acts generally need notarization.

Such as inheritance, gift, entrustment, escrow, and pre-litigation evidence preservation; 6. In order to protect their legitimate rights and interests and avoid disputes, some important or controversial agreements or affairs should be notarized. Such as various property or property rights transfer agreements, various cooperation agreements, co-construction agreements, property division agreements, various statements and commitments. ; In order to make some important behaviors more standardized and legal, notarization is generally advocated or chosen by the parties, such as the founding meeting of the joint-stock company, the resolutions of the shareholders' meeting and the board of directors.

3. What behaviors can be notarized?

Chinese notary organs handle the following notarization acts: ① Legal acts such as proving contracts (contracts), entrustment and wills.

② Proof of legal documents other than legal acts: All legal documents can be notarized, and written legal acts are also legal documents. (3) Proof of legal facts: All the facts that cause the emergence, change and extinction of legal relations can be notarized.

Legal facts are divided into acts and events: acts are transferred by human will, while events are not. Notarization to prove legal facts is mainly to prove legal events, which refers to events that have nothing to do with human will but can cause certain legal consequences, such as death.

(4) Proof of undisputed facts: Some facts may not have legal consequences, but they have to be notarized in order to avoid possible disputes in the future. If you prove someone's household registration or residence, prove kinship.

⑤ If there is no doubt about debt collection documents and articles, it is proved that the documents are enforceable. ⑥ Evidence preservation: Before the parties file a lawsuit, there are cases where the evidence may be lost or difficult to obtain later. In order to prepare for future litigation, the parties may apply to the notary office for evidence preservation measures.

⑦ Take good care of wills and documents. (8) Handling auxiliary work related to notarization and drafting notarization documents on behalf of the parties.

Pet-name ruby according to the application of the parties and international practice for other notarization.

4. What are the three legal effects of notarization?

Evidence effect.

The evidential effect of notarization means that the contents of notarization have special probative power and can be directly used as the basis for ascertaining facts. Article 67 of the Civil Procedure Law of People's Republic of China (PRC) clearly stipulates that "the people's court shall take legal acts, legal facts and documents notarized through legal procedures as the basis for ascertaining facts."

In civil litigation, in principle, an uncensored notarization certificate should be adopted. The effect of making a legal act effective.

Specifically, according to the provisions of the law or the agreement of the parties, legal acts must be notarized before they can have legal effect. If the notarization procedure is not fulfilled, the legal act cannot produce legal effect. Generally, it includes the following three situations: according to laws and regulations (including administrative regulations and local regulations) and rules, some legal acts cannot produce legal effect without notarization; According to the agreement of the parties, some legal acts must be notarized; According to international practice, international treaties and bilateral agreements, legal acts can only produce legal effect after notarization.

Implementation effect. The enforcement effect of notarization means that the notary office can give the creditor's rights documents the enforcement effect according to law. When the debtor fails to perform at the due date, the creditor may, based on the notarial certificate of the creditor's rights document, directly apply to the people's court with jurisdiction for execution without trial procedures.

At the same time, it can greatly reduce the workload of people's courts or arbitration institutions, which is conducive to the stability of social and economic order.

5. What is the common sense of overseas immigrant passport notarization?

The purpose of immigration is nothing more than a few points: for children, for business; Challenge yourself.

No matter what kind of immigrants go abroad and which country they want to immigrate to, they have to go through a series of complicated procedures and huge financial support. First of all, immigrants going abroad must first understand some common sense problems.

What is a passport? Passport is a document issued by the * * * country to its citizens to travel and live abroad. It is the legal basis to prove the nationality and identity of the holder (passport holder). What should I pay attention to when applying for a passport? After receiving the notice of approval from the public security organ to go abroad, the applicant should immediately go to get his passport, and carefully check whether the contents filled in are accurate, whether there is the signature and seal of the passport issuer, whether the date and validity period of the passport are correct, and whether the applicant's name and native place are accurate. If there is any mistake, you should apply for correction immediately.

Passport shall not be altered or added by itself. After getting your passport, you should take the time to prepare all kinds of corresponding documents and apply for a visa.

After a citizen's application for private exit is approved, he may apply to the exit-entry administration department for a passport and fill out an exit registration card. Then apply for a visa or entry permit from the embassy or consulate of the country you are going to.

What is a visa? What does it have? Visa refers to a kind of permission certificate that the domestic or foreign authorities of a country stamp and endorse passports or other valid travel documents held by citizens of other countries, indicating that passport (certificate) holders are allowed to enter, leave or pass through the territory of that country. What are the regulations on the types and validity of visas? According to the identity of the holder and the purpose of entry, visas can be divided into diplomatic visas, official visas, ordinary visas and courtesy visas.

According to the different entry and exit conditions, visas can also be divided into exit, entry, entry and exit, entry and exit, transit and re-entry visas. The validity period of a visa generally includes two aspects: first, the use period of the visa itself, that is, it must enter, leave or transit within the prescribed time limit; The second is the time allowed for the holder to stay after entering the country.

How do people going abroad (border) handle notarization? Notarization of work experience, educational background, transcripts, whether citizens have been subjected to criminal sanctions, etc. are the necessary conditions for citizens to submit relevant documents when applying for going abroad. During the notarization of work experience, the notarization institution shall, according to the applicant's application, prove the authenticity of his work experience at a certain stage, which is mainly used for the applicant's job hunting abroad and the export of labor services.

The notarization of work experience only proves the applicant's work experience, not the party's work experience. This certificate only proves the domestic work experience, and the experience that happened abroad is not proved.

However, the personnel sent abroad to study and work can be certified by the personnel department of the sending unit, and the notary office can handle it. Second, immigrants need simple procedural analysis.

Choosing a strong regular immigration agency can get twice the result with half the effort, improve the success rate and save a lot of time. But how to choose? First of all, institutions must be legal; Second, look at their professional level, which directly determines the success rate of applicants; Finally, the refund must be guaranteed.

Thirdly, how can immigrants identify the qualifications of immigration agents when they go abroad? Look at their business licenses, all indicate the business scope, and then enter the relevant website for inquiry.

Even if you are qualified, you may not be able to provide good service, so you have to learn about the company's history from various channels. Under normal circumstances, it is good to spend a long time and complain less. When signing a contract, you should also choose consultants, and try to choose experienced consultants.

It is basically the same for immigrants going abroad to find a better qualified immigration agent while knowing some common sense. The rest is complicated procedures and materials.

6. What are the functions of notarization?

The function of notarization mainly includes the following four aspects: service function.

According to the statutory authority and legal procedures, notarization institutions carry out notarization business and related legal affairs within the prescribed scope, examine the notarization applications of the parties, meet the needs of the parties in a unique way, and play a guiding and service role for the society while directly providing high-quality and efficient services to the parties. Communication function.

Notarization is an important medium of civil communication, economic communication and international communication. The validity of notarial certificate is not affected by personnel, industry, occupation, level, region and other factors. It is an internationally recognized and highly reliable legal document and an important tool to enhance mutual understanding and build mutual trust among civil subjects.

Prove the role. The business scope of notarial deed is very extensive. A notarial certificate issued through various procedures such as acceptance, examination and approval can provide powerful legal protection and true and reliable evidence for the parties to establish, change and terminate their legal relations and conduct various economic and civil activities according to law.

Supervisory role. Notarization can promote the notarization parties to be honest and trustworthy in carrying out relevant civil and commercial activities, stop the occurrence of fraud and false acts, urge the notarization parties to implement legal acts in accordance with laws, regulations, policies and social ethics, avoid losses as much as possible, and ensure the safe realization of interests.