When the notarial deed is an enforceable title

Pursuant to the Code of Civil Procedure, enforcement under a notarial deed is possible. A notarial deed can be both an enforceable title and an enforcement title. So when can a notarial deed constitute an enforceable title?

What conditions must a notarial deed meet to be an enforceable title?

In order to give a notarial deed an enforcement clause, it must meet the following conditions:

1. the debtor voluntarily submits to enforcement in a notarial deed and this act includes the obligation to pay a sum of money, pay things or release an individually marked item. The date of payment, payment or release is specified in the deed.
2. the debtor voluntarily submits to enforcement in a notarized deed and this deed includes the obligation to pay a sum of money in the amount specified in the deed or marked with an indexation clause. In addition, the notarial deed specifies the conditions that allow the creditor to initiate enforcement proceedings against the debtor and the date by which the creditor may apply for the declaration of enforcement.
3. the owner of the real estate encumbered with the mortgage or the creditor of the claim encumbered with the mortgage, voluntarily submits in a notarial deed to execution of the encumbered real estate or receivables in order to satisfy the mortgagee. The notarial deed also specifies the amount of the claim, the creditor's authorization to initiate enforcement proceedings and the date by which the creditor may apply for an enforcement clause to be issued to the act.
4. the owner of movable property encumbered with a registered pledge or a pledge voluntarily submits in a notarial deed to enforcement of the encumbered components in order to satisfy the pledgee. Moreover, the notarial deed contains the amount of the claim, the pledgee's authorization to initiate enforcement proceedings and the date by which the creditor may apply for an enforcement clause to be issued to the act.

What are the limitations in the enforcement of a notarial deed?

If the notarial deed has an enforcement clause, it is permissible to carry out enforcement only up to the amount mentioned in the deed. This means that if the parties contractually specified the amount of the benefit, e.g. PLN 50,000, and in the notarial deed the debtor submitted to enforcement only up to the amount of PLN 30,000, the enforcement may only be carried out up to the amount specified in the notarial deed.

What are the advantages of enforcement under a notarial deed?

First of all, the advantage of the institution of voluntary submission to enforcement is the simplification and reduction of time in the recovery process. In addition, submitting such a declaration has a positive effect on the motivation of debtors to complete their benefits, as they realize that in the event of failure to comply with the obligations laid down against them, enforcement may be carried out without prior court proceedings.