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| Official Reply of the Supreme People's Court Regarding the Enforcement of Notarized Debt Instruments Including Guarantee Agreements | | 最高人民法院关于公证机关赋予强制执行效力的包含担保的公证债权文书强制执行的批复 |
| (No. 36 [2014], Enforcement, Supreme People's Court) | | （[2014]执他字第36号） |
| The Higher People's Court of Shandong Province: | | 山东省高级人民法院： |
| Your Request for Instructions on Whether a Notarized Debt Instrument Including a Guarantee Agreement and Granted Enforceability by a Notary Public May Be Enforced (No. 47 [2014], Enforcement Reconsideration, HPC, Shandong) has been received. Upon deliberation, the following reply is hereby made: | | 你院《关于公证机关赋予强制执行效力的包含担保协议的公证债权文书能否强制执行的请示》（[2014]鲁执复议字第 47 号）收悉。经研究，答复如下： |
This Court concurs in principle with your enforcement reconsideration review opinion. In overseeing the enforcement of notarized debt instruments, the people's courts should conduct review from such aspects as whether a creditor's claims truly exist and are legal and whether the parties voluntarily accept enforcement. According to paragraph 2 of Article 238 of the Civil Procedure Law of the People's Republic of China, where a people's court finds a notarized debt instrument erroneous, it may render a ruling not to enforce the notarized debt instrument, and serve the ruling upon both parties and the notary public. As there are no provisions in the existing laws and judicial interpretations to restrict the enforcement of a guarantee agreement attached to a notarized debt instrument, a notary public may certify the authenticity and legality of a debt instrument including a guarantee agreement, and grant it enforceability.
．．．．．． | | 原则同意你院执行复议审查意见。人民法院对公证债权文书的执行监督应从债权人的债权是否真实存在并合法，当事人是否自愿接受强制执行等方面进行审查。《中华人民共和国民事诉讼法
．．．．．． |
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