A notarial deed is a legal instrument that may, under certain conditions, become directly enforceable. A creditor may, on the basis of such deed, apply for compulsory enforcement against the debtor if the debtor refuses to fulfil the obligation voluntarily. One of the conditions necessary for a claim under a notarial deed to become directly enforceable is the consent of the debtor to the direct enforceability of its obligations. In most cases, the debtor will have given what is known as a general consent to direct enforceability, by which it agrees that all obligations created on the basis of the transaction in the notarial deed are directly enforceable. This declaration may, however, be problematic in transactions containing several mutual obligations (e.g. a rental agreement). In this case, it is better, from the point of view of the enforcement procedure and the legal protection of the debtor, to specify each obligation that is to be made directly enforceable.
In practice, parties choose to conclude a transaction in the form of a directly enforceable notarial deed to facilitate the enforceability of the obligation, as they already possess the enforcement title and do not need to obtain it through litigation. Among the more common transactions concluded in the form of a directly enforceable notarial deed are rental agreements, agreements on securing a monetary claim by taking out a mortgage or by establishing a share pledge in a company.
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