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The most effective method of how to ensure that the money lent will be returned to the creditor is the notarial deed in which the debtor gives the creditor consent to the direct enforcement of the notarial deed or, in other words, to execution. The notarial deed includes the debtor´s obligation to perform properly his obligations in due time under the threat of subsequent execution of his property.
The agreement with the consent to enforcement is the instrument on the basis of which an executor can be requested for execution upon the debtor´s property. In case of an outstanding loan it is not necessary to conduct protracted court proceedings in which the debtor is first imposed to settle the debt, and only then it is possible to proceed to execution proceedings. And, sometimes it can be to late to enforce money then.
It is advisable to draft the agreement no later than on handing over the money. It can be also concluded for a debt which will arise in the future. An agreement can be concluded even if the debt is already mature and the creditor is willing to give the debtor an additional period of grace. |