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《中华人民共和国公证法》(以下简称《公证法》)第四十条规定:“当事人、公证事项的厉害关系人对公证书内容有争议的,可以就该争议向人民法院提起民事诉讼”。近年来,因公证事项的内容发生争议,即公证书所涉及的当事人之间或者当事人与公证事项的利害关系人之间实体权利义务的内容有争议的,当事人、公证事项的利害关系人,将公证处作为被告向人民法院提起民事诉讼,要求认定该公证书无效并予以撤销的案件时有发生。这种状况既不利于当事人正确行使诉权,以减少诉累,也不利于矛盾的化解和调处。笔者仅就公证处能否成为公证涉诉案件的被告、法院能否撤销公证书的问题谈点粗浅见解。现将近几年发生在我们周围的几起有代表性的案例列下:
Article 40 of the Notary Law of the People’s Republic of China (hereinafter referred to as “Notarization Law”) stipulates: “The parties and the notorious relations between the notarial affairs person who dispute the contents of the notarial certificate may bring a civil lawsuit to the people’s court in respect of the dispute. ”. In recent years, due to the controversy over the content of notarial matters, that is, the content of the substantive rights and obligations between the parties involved in the notarial certificate or between the parties and the notarial issues is controversial, the parties concerned and the interested parties in the notarization issue will The notary office, as the defendant, filed a civil lawsuit in the people’s court, demanding that the case of invalidating and canceling the public notary certificate occurred from time to time. This situation is not conducive to the correct exercise of litigation parties to reduce litigation, but also conducive to the resolution and mediation of conflicts. The author only to the notary office can become a case of notarized cases involving defendants, the court can revoked the notarization of the issue of talking rough point of view. Several representative cases that have taken place around us in recent years are listed below: