The enforcement process is comprised of a series of acts intended to modify an existing state of affairs so that it conforms to the terms of the court order. The writ of execution is a document – or a collection of documents, in the case of complex writs – produced in accordance with special formalities, which recognize the right of an individual to obtain a benefit and the reciprocal obligation of another to perform it. The writ of execution possesses in itself, the power to commence the enforcement process, precisely because of the formalities that surrounded the granting of it. No enforcement process can be commenced if the creditor lacks the requisite writ of execution.
Only the law can bestow the authority to constitute a writ of execution on certain documents, thus the documents falling under this heading comprise a closed list. The most important classification that can be made between them is that of the distinction between court orders (i.e. those created in the course of a case, either by a court or court registrar’s decision) and extrajudicial orders (those that arise outside of a case). The existence of extra-judicial orders is a legislative policy decision that greatly benefits professional creditors by lowering their costs in the event of default, thereby sparing them from the obligation to commence ordinary declaratory proceedings and permitting them to effect direct enforcement. In turn, these lower costs have benefits across the entire financial and credit system.
The following are court orders:
- The court judgment imposing liability.
- Arbitration decisions and awards.
- Mediation agreements with the status of public deeds.
- The approval of court judgments or the certification of court settlements and agreements that arise in the course of litigation.
- The order that sets the maximum amount of compensation against the compulsory insurance for civil liability for the use of motor vehicles, issued in criminal proceedings where criminal liability is not imposed.
- All others as declared by law.
The following are extrajudicial orders:
- A public deed, as a first copy or a copy with enforceable authority, in accordance with the applicable rules.
- The policies of commercial contracts provided they are endorsed by a notary, signed by the parties, and accompanied by a notarial certification to establish their compliance with the register.
- Registered titles and the bearer of obligations due. Also the coupons of these securities, for the purposes of establishing conformity with the receipt book.
- Certificates of securities represented by book entries, always provided that the certificates have not expired and are accompanied by a copy of the public deed of representation or the issuing of securities.
- Others that the law deems have enforceable status.
Extrajudicial orders are only enforceable if they document monetary obligations in cash, convertible foreign currency, or something that can be calculated in monetary terms of a certain amount and not exceeding 300 €. In other words, only monetary execution arising from the obligation to make payment will be enforced. This is never applicable to non-monetary obligations related to obligations to do something of a non-monetary kind, such as being required to perform or not perform as the case may be.