From Judgment to Enforcement: Title of Execution, Certificate of Execution, and Service

Abstract

This volume asks why compulsory execution cannot begin even when there is a winning judgment. Obtaining an enforcement title is different from satisfying the conditions for commencing execution. The link among the execution clause, the fulfillment of conditions, the designation of the parties, and service is the starting point of execution. The path to relief opens where finality or provisional execution suited to the type of title, an authenticated copy, an execution clause, proof of conditions, and service are all in place, and closes where there is only a judgment that is not yet final and lacks provisional execution, or where the necessary execution clause, proof of conditions, or service is lacking. The six sections address, in turn, the judgment that opens execution, the executory authenticated copy, execution subject to conditions, execution for whom and against whom, service as a condition for commencement, and enforcement titles other than judgments. The strongest counterargument is as follows. Formal documents may further delay rights that have already been confirmed. The choice of urgent protection and the management of resources in prolonged disputes are not addressed in this volume.