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《公证法》第40条规定:“当事人、公证事项的利害关系人对公证书的内容有争议的,可以就该争议向人民法院提起民事诉讼。”由于《公证法》的规定比较原则,在当事人依据《公证法》对公证书内容有争议而提起的民事诉讼中,公证机构的诉讼地位如何确定,司法实务中分歧较大。第一种意见认为,当事人对公证书内容有异议,应当以公证机构为被告,与原告相对的公证当事人或利害关系人作为有独立请求权的第三人参加诉
Article 40 of the Notary Law stipulates that: “The parties concerned and the parties involved in the notarization matter may dispute the contents of the notarial certificate and may bring a civil lawsuit to the people’s court in respect of the dispute.” "Since the principle of notarial law is comparative In the civil lawsuits filed by the parties concerning the content of the notarial certificates in accordance with Notarial Law, how the legal status of the notarial office is determined and the differences in judicial practice are quite large. The first opinion that the parties objection to the contents of the notarial certificate should be the notary office for the defendant, notarized as opposed to the plaintiff or interested parties as a separate claim to participate in the third party