Civil Procedure and Enforcement Proceedings
Procedural basics relevant to notaries
Know the general rules on jurisdiction, the types of proceedings, and the effect of a notarial deed as an enforceable instrument. Understand the special proceedings in which the court or the notary is involved, such as the issuance of a writ of execution based on a notarial deed, and the rules on contesting a notarial act.
Enforcement
Master the enforcement titles, the role of the private bailiff and the state bailiff, the stages of enforcement (seizure, valuation, sale, distribution), and the protection of the debtor's minimum. Know the grounds for suspension and termination, and the rules on appealing enforcement actions.
Traps and a rule of thumb
Traps: assuming every notarial deed is directly enforceable - only those with an express submission to enforcement are; confusing the notary's certification of enforceability with a court judgment; and overlooking time limits for objections and appeals.
Rule of thumb: for an enforcement question, check (1) the title, (2) the clause permitting enforcement, (3) the competent enforcement agent, and (4) the available objections and their deadlines.