You can claim your debts before a notary: The Notarial payment procedure arrives

You can claim your debts before a notary: The Notarial payment procedure arrives

The new law 15/2015, of 2 July, of the voluntary jurisdiction, published on July 3 in the Official Gazette of the state, introduces through its final disposition eleventh, a modification of the law of 28 of May of 1862, of the notary. Specifically, it incorporates in the law of Notaries, a new title VII that regulates the intervention of notaries in files and special records, referring to in chapter IV, the "claim of monetary debts not contradicted" (Section 2). Although the possibility of claiming debts notarially continues to be there through the minutes of notification and requirement, within the new attributions granted to the notary by the law of notaries, the forecast is highlighted to claim notarial debts In the case of cash that are not contradicted and which allow the payment of a voluntary letter of payment or the training by means of a dossier, of an extrajudicial executive title to which the debtor may, in court, not only pay but all the causes established in Article 557 of the Civil Procedure Act, "opposition to execution based on non-judicial or arbitral titles". It is what has been called "notarial payment procedure" that will enter into hard competition with the "judicial payment process" regulated in the articles 812 and following of the law of Civil procedure, both for the time of duration and for the cost of the same, in Principle, rather inferior in the first case, compared to the judicial process. In fact, we cannot say that the notarial procedure introduced by the new Law on voluntary jurisdiction is a legislative first, since the new process follows the technique of the old Regulation (EC) N º 805/2004 of the European Parliament and of the Council, of 21 of April, establishing a European executive title for uncontested appropriations, regulations applicable in all Member States except Denmark. The time will tell us if, from next July 23, date of entry into force of the provisions regulating this payment procedure, this new way for the claim of liquid quantities, overdue and unpaid, contributes to the decrease in the volume of Judicial matters, in particular, the initial petitions of monies proceedings. 150724_Circular_08 -2015 _ Procedimiento_Monitorio_Notarial

 

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