Introduction > Notary´s Agenda > Notarial acts with the authorization of enforceability

Notarial acts with the authorization of enforceability

An important instrument in prevention of legal disputes is a notarial act containing debtor's consent to enforceability (execution) of their duty recorded in the act. Such consent may by incorporate to one of three kinds of notarial acts: two of them contain an agreement of both parties (creditor and debtor), the third is a unilateral consent of the debtor. The notarial act has the same authority as a court decision; enforceability means, that if the debtor fails to fulfill their duty recorded in the act, the creditor may directly motion for execution of the duty without any prior long and costly judicial proceedings.

The first kind is an agreement (often a loan or a purchase agreement) in a form of a notarial act in which one party promises to fulfill its duty and in case it fails to do so, it consents to the enforceability of the duty (e.g. to pay back the debt or to pay a purchase price).

The second kind is a notarial act based on prior agreement of the debtor and the creditor. It usually contains the acknowledgment of already existing debt by the debtor and an agreement about the terms of its payment.

The third kind is a notarial act in which the debtor unilaterally acknowledges their debt and promises to pay it. Again, it contains the debtor's consent to the enforceability. In this case, the creditor is not a party to the act.

These notarial acts influence the debtor and make them fulfill their contractual duties properly.

Further information on notarial acts with the authorization of enforceability is on the web site of The Society of Notaries of The Czech Republic www.nkcr.cz (Notarial Services/Notarial Deed as a Basis for Distrait).