论文部分内容阅读
第一,关于债务人死亡时,执行证书的签发问题。笔者认为债务人死亡的,公证处应严格依据合同约定履行核实义务,出具执行证书,执行证书中说明“执行后有剩余财产的向本公证机构提存”。强制执行公证实务办理中,已多次发生债务人因意外死亡,债权人来公证处要求签发执行证书的情况。由于此类情况是非常态处理,公证处在认识上比较混乱。一种意见认为:依据《继承法》第二条和《物权法》第二十九条,债务人的财产自债务人死亡时即发生物权上的转移,不能
First, on the issue of the issuance of certificates when the debtor dies. The author believes that the debtor’s death, the notary office should be strictly in accordance with the contract to fulfill the verification obligations, issued by the implementation of the certificate, the implementation of the certificate states that “after the implementation of the remaining property to the notary institution to deposit.” Enforcing the implementation of notarized practice, the debtor has repeatedly occurred due to accidental death, creditors to the notary office issued an execution certificate requirements. As such cases are very much handled, the notary public is rather confused. According to one opinion, according to Article 2 of the “Inheritance Law” and Article 29 of the “Property Law”, the property of the debtor may be transferred from the debtor’s death upon the death of the debtor