When resolving disputes or handling cases, the collection and identification of evidence is a crucial part. As an institution that provides legal services, whether the notary office can be used as evidence has always been a question in the minds of many people. This article will discuss whether evidence collected by a notary public can be used as evidence, and under what circumstances it can be used as evidence.
First of all, we need to clarify what is forensic collection at a notary public. Notary office evidence collection refers to the notary office's act of proving some specific matters or facts and issuing notarial certificates in accordance with legal procedures and requirements. These matters or facts may involve civil legal acts such as contracts, wills, inheritances, and gifts, or they may involve economic and legal relationships such as property division, creditor's rights and debts, etc.
So, can the evidence collected by the notary office be used as evidence?The answer is yes. According to the provisions of the Civil Procedure Law of the People's Republic of China, the people's court shall be the basis for determining the facts of the case for legal facts and documents that have been notarized and proved through legal procedures, except where there is evidence to the contrary that is sufficient to overturn the notarized evidence. This means that as long as the notary office collects evidence and issues a notarial certificate in accordance with the legal procedures and requirements, these evidence can be used as the basis for determining the facts of the case.
However, it should be noted that the evidence collected by the notary public can only prove the facts or matters recorded and proved by the notary public, and cannot directly prove other facts to be proved. At the same time, if there is evidence to the contrary that is sufficient to overturn the notarized certificate, the people's court may not accept the evidence. Therefore, when using the evidence collected by the notary office as evidence, it is also necessary to conduct a comprehensive analysis and judgment in combination with other evidentiary materials.
Under what circumstances can evidence taken by a notary public be used as evidence?In general, the following situations can be considered to use the notary public to collect evidence as evidence:
1.Cases involving civil legal acts such as contracts, wills, inheritances, and gifts. These cases often need to prove the authenticity and legitimacy of certain facts or matters, and the notary public can obtain evidence and issue a notarial certificate to prove these facts or matters through its legal procedures and requirements.
2.Cases involving economic and legal relationships such as property division, creditor's rights and debts. In these cases, it is often necessary to prove the ownership and distribution of certain property or interests, and the notary public can prove these facts or matters through its legal procedures and requirements to collect evidence and issue a notarial deed.
3.Cases involving intellectual property disputes, trademark rights, etc. In these cases, it is often necessary to prove the ownership and protection of certain intellectual property rights or trademark rights, and the notary public can prove these facts or matters through its legal procedures and requirements to collect evidence and issue a notarial certificate.
4.Evidence collection and identification involving transnational or cross-regional cases. In these cases, it is difficult to collect relevant evidence or determine facts due to geographical restrictions or other reasons, and the notary office can collect evidence and issue a notarial certificate to prove the relevant facts or matters through its legal procedures and requirements.
In short, the evidence collected by the notary office can be used as evidence, but it needs to be comprehensively analyzed and judged in combination with other evidence materials in specific cases. At the same time, when choosing to use evidence collected by a notary public as evidence, it is necessary to pay attention to its scope of application and restrictions to ensure that it can effectively prove relevant facts or matters.
Tips: If you have any doubts about evidence notarization, you can consult with the Qidu evidence team to escort your evidence notarization.
*From: Qidu Chuang's legal affairs Author: Lan Xiaoer.