Executive notarial inscription: the concept and signs

Abstract

The article is devoted to the study of the nature of the notary warrant on the obligation of the debtor as a legal category. The main doctrinal approaches to the definition of the notary warrant on the obligation of the debtor are disclosed. The fundamental signs of the notary warrant on the obligation of the debtor are defined, namely: performance exclusively on indisputable requirements; is a version of the notarial deed, which fixes the result of the implementation of notarial proceedings; volitional nature of the performance; the properties of the executive document; simplified procedure for the performance in comparison with the judicial form of protection of the right.

The latest feature, in particular, affects the features of the notarial proceedings of the notary warrant on the obligation of the debtor performance, such as: the absence of the need to call and the presence of the debtor himself during the performance of a notarial act; exclusively documentary nature of proceedings; execution of the notary warrant on the obligation of the debtor on the day of the claim of the applicant with a statement on the performance of the notary warrant on the obligation of the debtor; absence in most cases of the necessity to observe the precise rules of territorial jurisdiction; significantly smaller amount of the costs of the procedure comparing with the litigation.

According to the results of the study, a new approach to the definition of the notion of "notary warrant on the obligation of the debtor " is proposed, which reflects the versatility of the designated legal category, namely as a notarial deed containing a notary order to recover money debt from a debtor or demanding property from him committed within a separate notarial performance, on the basis of confirmation of the indisputability of the claims of the creditor, which has the power of the executive document.