Guide to enforceable titles: what they are and how they are recognized
What is an enforcement order?
In Italian civil law, an enforcement order is the legal foundation for any formal action aimed at recovering a debt. It is the document that allows a creditor to initiate enforcement proceedings without first filing a lawsuit. Without an enforcement order, legal actions such as a foreclosure, seizure or garnishment cannot be carried out.
What documents have the value of an enforceable title
Italian law clearly defines which documents carry enforcement power. These include:
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- res judgments that have become final;
- injunctions that have become enforceable;
- enforceable arbitration awards;
- bills of exchange and unpaid checks;
- and, in the notarial field, notarial deeds that contain bonds with an executory clause.
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These documents usually contain what is known as an enforcement formula, which makes them immediately actionable.
The value of enforceable notarial acts
A deed drafted by a notary may serve as an enforceable title if correctly structured. For example, a notarized loan agreement or debt acknowledgment, if drafted as a public deed and containing an enforcement clause, allows the creditor to protect their rights swiftly—without going through court.
It is at this stage that notarial advice makes all the difference: a well drafted deed not only has legal value but also anticipates future protection needs.
Why rely on a notary public
The notary is a public officer and a legal safeguard. Their expertise in drafting enforceable documents does more than ensure compliance with the law—it prevents disputes and gives individuals and companies access to powerful legal tools in the event of non-payment. Whether you’re an individual or a business, turning to a notary means choosing clarity, legal security, and forward-thinking protection.
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