Act 15/2015 regulates voluntary jurisdiction cases processed in the courts, which are legally considered all cases requiring court intervention to protect rights and interests in civil and commercial law matters that do not involve disputes that must be heard in litigation proceedings.
This legislation, which affects numerous legal provisions/ regulates the procedure for the notarial claim of undisputed debts for the first time.3 This channel for claim offers certain advantages -in time and cost- over the conventional legal channel for creditors of undisputed monetary debts.
It is now possible to claim monetary debts of a civil or commercial nature via notarial channels, regardless of their amount and origin, that (i) are liquid, due and payable, (ii) unquestionably documented, and (iii) itemize principal, ordinary and default interest .
We emphasize two relevant issues in this procedure: (i) the rejection of documentation accrediting the debt does not prevent the payment request from being deemed as made; and (ii) if no appearance takes place before the notary within 20 business days of the request, or if an appearance takes place but the grounds for opposition are not brought up, it is possible to initiate an enforcement and subsequent collection procedure against the debtor, with the possible attachment of assets.
This new regulation took effect on July 23, 2015.