ნოტარიუსის მიერ გაცემული სააღსრულებო ფურცლის აღსრულების სპეციფიკა

Law is a living organism, which means that it is constantly evolving and responding to the demands of time and epoch. In the modern world, an important challenge of practical law is to increase the speed of civil turnover, for the purpose of which the legislative space does not stop developing various effective mechanisms, which makes enable for the creditor to be satisfied as efficiently as possible in the shortest possible time, significantly increases the named and promotes economic development, which it should be, but not at the expense of the fundamental principle law of equality.
Delegating the authority to issue a writ of enforcement to a notary, with the aim of increasing the speed of civil turnover and minimizing litigation arising out of contractual obligations which is a worthy interest of protection taken from the piece, however, in the present circumstances, both the achievement of this goal and its outcome are controversial, in particular, the possibility of achieving the declared goal, as well as the effect caused by the institution discussed in the paper.
Today, the issuance of a writ of enforcement by a notary is codified in such a way that the notary has to issue a writ of enforcement sheet based only on the statement of the creditor and the amount of the obligation, while the debtor is separated from this process.
The purpose of previous paper was to discuss the features that accompany the issuance of a writ of enforcement by a notary, it discusses the legal instruments by which the creditor and the debtor can protect their rights.
In general, it can be said that the creditor, in order to satisfy the interest, has a wide range, to ensure the realization of the rights, that is, to obtain the act of enforcement, the writ of enforecement, he can appeal to the court, (Including the arbitral tribunal, if such agreement exists between the parties) National Bureau of Enforcement and Notary. In turn The named mechanisms have been discussed separately in the present paper in terms of comparison with the issuance of a writ of enforcement by a notary, for the next purpose of the paper, to check the effectiveness and balance of the writ of execution issued by a notary, in particular, whether the current mechanism of issuing a writ of execution is in accordance with the principles of law, which are reflected in alternative means of creditor satisfaction.